Chapter 8.06
GRAFFITI REMOVAL
Sections:
8.06.020 Graffiti nuisance property.
8.06.040 Abatement procedures.
8.06.060 Nonexclusive remedies.
8.06.010 Definitions.
The following words, terms and phrases, when used, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.
“Graffiti nuisance property” means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, from any other public or private property or from any premises open to the public.
“Responsible person” means the person, agent, firm, or corporation that has an equitable interest in the property, is responsible for abating a nuisance, and includes:
1. The owner.
2. The person in charge of property, as defined in this section.
3. The person who caused a nuisance, as defined in the ordinance codified in this chapter or another ordinance of the city, to come into or continue in existence. [Ord. 516 § 1, 2018].
8.06.020 Graffiti nuisance property.
A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and is not promptly removed, it invites additional graffiti and criminal activity and constitutes a nuisance.
B. Any property within the city which becomes a graffiti nuisance property is hereby declared a nuisance and is subject to abatement in accordance with this chapter.
C. Any responsible person who permits property to be a graffiti nuisance property will be in violation of this chapter and subject to the remedies provided herein. [Ord. 516 § 1, 2018].
8.06.030 Notice procedure.
A. When the city code enforcement officer believes in good faith that property within the city is a graffiti nuisance property the code enforcement officer shall notify the responsible person, if known, in writing that the property is potential graffiti nuisance property. The notice shall contain the following information:
1. The street address or description sufficient for identification of the property.
2. That the city code enforcement officer has found the property to be potential graffiti nuisance property with a concise description of the conditions leading to his or her findings.
3. A direction to abate the graffiti or show good cause to the city code enforcement officer why the responsible person cannot abate the graffiti, within five city business days from the date of mailing the notice.
4. That if the graffiti is not abated and good cause for failure to abate is not shown, the council may order abatement, with appropriate conditions. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including, but not limited to, authorizing a civil complaint in a court of competent jurisdiction.
5. That the above remedies are in addition to those otherwise provided by law.
B. Service of the notice is completed upon mailing the notice first class, postage prepaid, addressed to, or served in person to, a responsible party at the address of the graffiti nuisance property, and to such other address as shown on the Lane County tax assessor’s property tax rolls for the responsible person of the graffiti nuisance property, or such other address which is reasonably believed to give the responsible party actual notice of the determination of the city code enforcement officer.
C. A copy of the notice shall be served on occupants of the property, if different from the responsible person. Service shall be completed upon mailing the notice first class, postage prepaid, addressed to “occupant” of each unit of the property believed to be a potential graffiti nuisance property.
D. The failure of any person or responsible person to receive actual notice of the determination by the code enforcement officer shall not invalidate or otherwise affect the proceedings under this chapter. [Ord. 516 § 1, 2018].
8.06.040 Abatement procedures.
A. Within five business days of the mailing of the notice the responsible person shall abate the graffiti or show good cause why the responsible person cannot abate the graffiti within that time.
B. Upon good cause shown, the code enforcement officer may grant an extension of up to 10 additional days.
C. If the responsible person does not comply with subsection (A) or (B) of this section, the code enforcement officer may refer the matter to the council for hearing as a part of its regular agenda at the next succeeding meeting. The city recorder shall give notice of the hearing to the responsible person and occupants, if different from the responsible person. At the time set for hearing, the responsible person and occupants may appear and be heard by the council. The council shall determine whether the property is graffiti nuisance property and whether the responsible person has complied with subsections (A) and (B) of this section. The city has the burden of showing by a preponderance of the evidence that the property is graffiti nuisance property. The responsible person has the burden of showing by a preponderance of the evidence that there is good cause for failure to abate the nuisance within five days of the mailing of the notice. [Ord. 516 § 1, 2018].
8.06.050 Remedies by council.
A. In the event the council declares that property is graffiti nuisance property, the council may order that the nuisance be abated as outlined in CMC 15.10.020 through 15.10.110. The order may include conditions under which abatement is to occur. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including, but not limited to, authorizing a civil complaint in a court of competent jurisdiction.
B. The remedies in this section are in addition to those otherwise provided by law. [Ord. 516 § 1, 2018].
8.06.060 Nonexclusive remedies.
The provisions of this chapter are not the exclusive means by which the city may remedy graffiti nuisance properties. In addition to the remedies allowed under this chapter and other remedies allowed by Oregon law, graffiti nuisance properties are hereby declared a public nuisance under the provisions of Chapter 8.05 CMC and may be remedied as public nuisances as provided in CMC 8.05.160 through 8.05.230. [Ord. 516 § 1, 2018].