Chapter 9.64
GRAFFITI REMOVAL
Sections:
9.64.010 Nuisance declaration.
9.64.010 Nuisance declaration.
A. Graffiti and other defacement of public and private property, including but not limited to walls, rocks, bridges, buildings, fences, gates and other structures, trees, and other real and personal property, within the city constitutes a nuisance.
B. Although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses involved can be committed quickly and secretively so that witnesses to the acts are frequently nonexistent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, and to remove the same from private property, it is also important to eliminate the presence of graffiti from the community so that the product of illegal acts of those involved in application of graffiti is not visible and the property on which the graffiti is located and surrounding properties do not suffer diminution of value. (Ord. 898 § 1, 1997).
9.64.020 Definitions.
A. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marring of ink, chalk, dye or other similar substances on public or private buildings, structures and places.
B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.
C. “Private contractor” means any person with whom the city shall have duly contracted to remove graffiti. (Ord. 898 § 2, 1997).
9.64.030 Graffiti prohibited.
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, or other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti” within the city. (Ord. 898 § 3, 1997).
9.64.040 Notice of removal.
A. A Chelan County sheriff’s deputy or other representative designated by the city shall cause a notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of Chelan County, Washington. If there is no known address, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:
1. By personal service on the owner.
2. By registered or certified mail addressed to the owner at the last known address of said owner as set forth in the latest property tax assessment rolls of said owner. If this address is unknown, the notice will be sent to the property address.
The notice shall be substantially in the following form:
NOTICE IS HEREBY GIVEN that you are required, by ordinance of the City of Cashmere, at your own expense, to remove or paint over the graffiti located on the property commonly known as _______________, Cashmere, Washington, which is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the City requires the nuisance to be abated by removal or painting over of the graffiti. The cost of the abatement by the City or private contractors employed by the City to abate the nuisance will be assessed and become a lien upon your property.
B. Costs to the city of abatement of any nuisance described in this chapter shall be paid by the owner of the property within 30 days after receipt by the property owner of the billing from the city or private contractor employed by the city to abate the nuisance and if not paid within such required time, the city shall file a lien against the owner’s real property and the city shall foreclose the lien in the same manner as a labor or materialmen’s lien in Chapter 60.04 RCW. In any such lien foreclosure the city shall be entitled to recover its costs and reasonable attorneys’ fees. (Ord. 898 § 4, 1997).
9.64.050 Appeal.
A. Within 10 days from the mailing or personal service of the notice of removal of graffiti, the owner may appeal the matter to the city of Cashmere hearing examiner by filing a written notice of appeal with the Cashmere city clerk. Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the nuisance.
B. Appeal Procedure. The city of Cashmere hearing examiner, upon receipt of a notice of appeal, shall set a hearing date not more than 45 days from receipt of the notice of appeal, at which time the appellant may appear and present evidence seeking relief from the notice of removal. The Chelan County sheriff’s deputy or other city representative may likewise present evidence at such appeal hearing.
C. Following the hearing, the city of Cashmere hearing examiner shall render a written decision within 10 days. (Ord. 898 § 5, 1997).
9.64.060 Removal by city.
A. Upon failure of any person to comply with the notice by the designated date, or such continued date thereafter as the city approves, then the city shall cause the graffiti to be abated by city forces or by private contract. The city or its private contractor is expressly authorized to enter upon the affected premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate or cover graffiti shall be as close as practicable to background color(s). If the city undertakes the removal of the graffiti, it shall not authorize nor undertake to provide for the painting or repair or any more extensive an area than the area where the graffiti is located.
B. Property owners in the city of Cashmere may consent in advance to city entry onto private property for graffiti removal purposes. In such event, the city and property owner shall enter into a written contract setting forth the rights and obligations of the parties with respect to graffiti removal. (Ord. 898 § 6, 1997).
9.64.070 Penalties.
Any person who applies graffiti to any public or private property or who causes a nuisance described in this chapter shall be guilty of a civil infraction and shall pay a civil penalty of $500.00 for the first offense, $750.00 for the second offense and $1,000 for each offense thereafter. In any action brought by the city to collect the civil penalty, the city shall be entitled to recover its costs and reasonable attorney fees. Any person who furnishes information to the city of violation of this chapter shall be entitled to one‑third of any civil penalty collected by the city pursuant to this section, if the information furnished leads to the enforcement of this chapter and collection of a penalty. (Ord. 898 § 7, 1997).
VI. Consumer Protection (Reserved)