Chapter 8.28 — GRAFFITI ABATEMENT

"Graffiti" means any drawing, inscription, figure or mark which alters or defaces any real or personal property of another through the use of paint, spray paint, markers, or other objects, without the consent of such person, or the act of altering or defacing any real or personal property of another through the use of paint, spray paint, markers, or other objects capable of leaving a drawing, inscription, figure or mark on any

surface, which is offensive to a reasonable person of normal sensitivities, and/or which poses an imminent or immediate danger to the health or safety of the public where the graffiti expresses, labels, targets and/or indicates criminal activity or conduct.

(Ord. 96-10 § 1 (part): prior code § 6800; Ord. No. 2022-04)

It is unlawful for any person:

A.

To apply graffiti without the permission of the owner, lessee or person in legal possession of the real or personal property in question; or

B.

To have graffiti on property which can be seen from the public right-of-way or adjacent or neighboring property; or

C.

To have graffiti on property which causes a depreciation of property values or is detrimental to the health and welfare of neighborhoods.

(Ord. 96-10 § 1 (part): prior code § 6801)

A.

Private property owners shall remove graffiti from their property within forty-eight (48) hours after notification to the property owners, or after posting of notification by the city upon the subject property to remove such graffiti. The city may provide private property owners up to an additional fourteen (14) days to remove graffiti after notification and/or posting at the discretion of the city. Failure to remove graffiti within the time allowed shall automatically cause the building or property to be deemed a nuisance. Once established as a nuisance, the city can remove the graffiti immediately if deemed to be an imminent or immediate danger to the health or safety of the public pursuant to OMC 8.24.140.

B.

Notice to private property owners by the city shall be addressed to the name and address as it appears on the last tax assessment role or in other records maintained by the public agencies, by depositing a copy of the notice in the United States mail, certified with postage fully affixed, or personally delivering a copy of the notice to the owner of the property. The service is complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.

C.

In the event that the property owner fails to remove the graffiti after notice has been sent, the city may abate the graffiti as a nuisance as provided in this chapter.

D.

The city may remove the graffiti of a property owner with the consent of the property owner and shall charge the property owner for the cost of removal.

E.

In the event that the city removes graffiti with the consent of the property owner and the property owner fails to reimburse the city for the cost of removal within thirty (30) calendar days of notice of the amount of the cost, such amount shall become a special assessment or lien against the property as provided in Section 8.24.120 of this code.

(Ord. 96-10 § 1 (part): prior code § 6802; Ord. No. 2022-04)

The existence of graffiti is declared to be obnoxious and a nuisance, and may be abated pursuant to Chapter 8.24 of this code, in addition to and not in lieu of any other available remedies.

(Ord. 96-10 § 1 (part): prior code § 6803)

The city may pay to any person who provides information which leads to the arrest and conviction of any person who applies graffiti a reward paid at the discretion of the city manager up to one thousand dollars ($1,000.00) per occurrence. To the extent permissible by law, the informant to remain anonymous.

(Ord. 96-10 § 1 (part): prior code § 6804; Ord. No. 2022-04)

Prior to the entry onto private property by the city for the purpose of graffiti removal, written consent in a form acceptable to the city attorney shall be obtained from the property owner or designated agent for authorization of entry and release of liability. Notwithstanding the foregoing, consent of the property owner shall not be required if the city is authorized by court order to enter the property for the purpose of graffiti removal.

(Ord. 96-10 § 1 (part): prior code § 6806)

A reasonable administrative fee may be imposed against any person found in violation of this chapter as a part of any abatement hereunder in addition to and not in lieu of any other fine, charge, fee, cost, assessment or payment imposed in connection with any violation of this chapter.

(Ord. 96-10 § 1 (part): prior code § 6807)

A.

The violation of any section of this chapter shall be a misdemeanor.

B.

Community service in the city may be imposed in lieu of any penalties and punishments where there has been a conviction of guilty or nolo contendere plea to a misdemeanor.

(Ord. 96-10 § 1 (part): prior code § 6805)