Chapter 9.38
GRAFFITI REMOVAL
Sections:
9.38.010 Graffiti deemed nuisance.
9.38.040 Graffiti – Notice of removal.
9.38.080 City costs enforceable.
9.38.010 Graffiti deemed nuisance.
A. Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates and other structures, trees, and other real and personal property within the city constitutes a nuisance.
B. It is appropriate to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to restore the property so defaced, damaged or destroyed. Unfortunately, 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 non-existent.
C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the property on which the graffiti is located and the surrounding properties do not suffer diminution of value. (Ord. 97-8 § 1, 1997)
9.38.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. “Graffiti” means the defacement of public or private property (including any property of the city) by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures onto said private or public property.
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. 97-8 § 1, 1997)
9.38.030 Graffiti prohibited.
A. Except as provided below, 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 defined as “graffiti” within the city.
B. It shall not be unlawful if the person responsible for the graffiti is the owner or has control or custody of the property, or has prior consent of the owner or tenant in lawful possession of such private property, or the act is done under the personal direction of said owner or tenant; provided such graffiti will not be in violation of any other state or local laws, rules, or regulations. (Ord. 97-8 § 1, 1997)
9.38.040 Graffiti – Notice of removal.
A. Whenever the police chief of the city of East Wenatchee or his/her designated representative determines that graffiti exists on any public or private building, structure, and place which is visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, the police chief shall cause a notice to be issued to abate such nuisance. Except as provided below, the property owner shall have 15 days after the date of the notice to remove the graffiti or consent to the removal by the city for a fee equal to the actual cost of removing the graffiti on a time and material basis or $50.00, whichever is greater; otherwise the graffiti will be subject to abatement by the city, and all abatement costs thereof shall be the responsibility of the property owner. When seasonal conditions would reasonably limit or restrict efforts to abate the nuisance, the police chief shall designate a date before which the graffiti shall be abated. In no event shall the time designated by the police chief to abate the graffiti be less than 15 days or more than 60 days.
B. The written notice to abate graffiti pursuant to this section shall be served upon the owner(s) of the affected premises, as such owners’ name and address appears on the last property tax assessment rolls of Douglas County, Washington. If there is no known address for the owner, 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, occupant or person in charge or control of the property;
2. By registered or certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address.
C. The notice shall be substantially in the following form:
Notice of Intent to Remove Graffiti
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by Ordinance of the City of East Wenatchee, at your own expense, to remove or paint over the graffiti located on the property commonly known as [address], East Wenatchee, Washington, which is visible to public view, within fifteen (15) days after the date of this notice [when applicable, insert specific date]; or, if you fail to do so, the City may abate the nuisance by removing or painting over the graffiti. You will be responsible for all abatement costs incurred by the City to remove the graffiti.
As an alternative to removing the graffiti, if you consent to the entry upon your property within the time frame set forth above, the City will undertake removal of the graffiti upon payment to the City of an amount equal to the actual cost of removing the graffiti on a time and material basis or $50, whichever is greater. All persons having any objection to, or interest in said matters, are hereby notified to submit an appeal including any objections or comments to the City of East Wenatchee Municipal Court Clerk, within ten (10) days from the date of this notice. If no objections or comments to the notice are received by the City, the City will, at the conclusion of the fifteen (15) day period [when applicable, insert specific date], proceed with abatement of the graffiti inscribed on your property at your expense without further notice.
(Ord. 97-8 § 1, 1997)
9.38.050 Appeal.
Within 10 days from the mailing or from personal service of the notice of intent to remove graffiti, the owner or person occupying or controlling the premises affected may appeal the matter to the East Wenatchee municipal court by filing a written notice of appeal with the East Wenatchee municipal court clerk. Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance. (Ord. 97-8 § 1, 1997)
9.38.060 Appeal procedure.
The East Wenatchee municipal court clerk, upon receipt of a notice of appeal, shall set a hearing date not less than 30 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 police chief, or his/her designated representative, may likewise present evidence at such appeal hearing. Following the hearing, the East Wenatchee municipal court judge shall render a written decision within 10 days. (Ord. 97-8 § 1, 1997)
9.38.070 Removal by city.
Upon failure to remove the graffiti or consent to the removal by the city by date set forth in the notice of intent to remove graffiti, or such continued date thereafter as the police chief approves, then the police chief is authorized and directed to cause the graffiti to be abated by city forces or by private contract, and the city or its private contractor is expressly authorized to enter upon the 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 to recover graffiti shall be as close as practicable to background color(s). If the police chief provides for the removal of tile graffiti, he/she shall not authorize or undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located. (Ord. 97-8 § 1, 1997)
9.38.080 City costs enforceable.
Any and all costs incurred by the city in the abatement of the graffiti as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or in control of the property, and the city may undertake any and all legal remedies available for enforcement of debts. (Ord. 97-8 § 1, 1997)