Chapter 8.40
GRAFFITI
Sections:
8.40.010 Declaration of purpose.
8.40.040 Declaration of public nuisance.
8.40.060 Appeal, abatement and cost recovery proceedings.
8.40.070 Continued presence of graffiti an infraction.
8.40.080 Remedies not exclusive.
8.40.010 Declaration of purpose.
The city council finds that graffiti on public and private buildings, structures, and on personal property, including motor vehicles, increases additional graffiti and criminal and gang activity, and creates a condition of blight within the city that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using adjacent and surrounding properties. The city council further finds that the presence of graffiti is inconsistent with the city’s goals of maintaining property, preventing crime, and preserving aesthetic standards. Accordingly, it is the purpose of this chapter to promote the health, safety and welfare of the general public by providing for a procedure for removal of graffiti from buildings, walls and other structures in order to reduce social deterioration within the city and to promote public safety and health. The city council also finds that abating graffiti from certain private property accomplishes a fundamental government purpose and will assist the poor and infirm. While voluntary graffiti removal should be encouraged, where graffiti has not been promptly removed, graffiti should be removed in accordance with the provisions of this chapter. No provision of this chapter and no action taken pursuant hereto is intended to impose any duty whatsoever upon the city or any of its officers or employees. Further, nothing contained herein is intended or shall be construed as forming the basis of any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.020 Definitions.
A. “Abate” or “abatement” means the removal or painting over of graffiti from view.
B. “Graffiti” means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise recognized and deemed a public nuisance pursuant to RCW 7.48.120 and 7.48.130.
C. “Mayor” means the mayor of the city of North Bend or his or her designated representative.
D. “Owner” means any person so designated by the King County assessor as having any legal, or equitable, interest in the property.
E. “Property” means a lot, parcel, tract, premises, or piece of land, improved, or unimproved, in the city.
F. “Responsible party” means the owner and/or person in possession of the property. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.030 Duty.
It shall be the duty of the responsible party to at all times keep property clean and free from graffiti. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.040 Declaration of public nuisance.
Graffiti is determined to be detrimental to the public health, safety and welfare and is a public nuisance. It is a visual symbol of disorder that demoralizes and erodes feelings of safety in our neighborhoods. It contributes to neighborhood decline by inviting crime and leading to a climate of intimidation in our neighborhoods. Furthermore, it lowers property value, commerce, community pride, and tax revenues. Prompt removal of graffiti from public and private property is in the public interest. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.050 Graffiti – Removal.
A. Abatement by Responsible Party. Whenever graffiti exists the responsible party shall abate such graffiti nuisance within 48 hours of the placement of such graffiti.
B. Abatement by City. Whenever the responsible party fails to abate and remove graffiti as set forth in subsection A of this section, and whenever the mayor determines that graffiti exists, the city, in its sole discretion, may take one of the following actions:
1. Summary Abatement – No Lien. Whenever it is determined by the mayor that the graffiti is capable of being viewed by a person utilizing any public right-of-way in the city or other facility open to the general public, the city or its agents may enter upon such property in order to remove the graffiti at the city’s expense, without reimbursement from the owner, with the following restrictions:
a. The painting and/or repair of an area shall not be more extensive than where the graffiti is located, except where the property is city-owned or where the owner agrees to pay for the costs of repainting and/or repairing a more extensive area.
b. Where a structure is owned by a public entity other than the city, the city shall first obtain the consent of the public entity having jurisdiction over the property.
2. Abatement with Lien. Graffiti may be removed by the city or its agents, at the owner’s expense, as a public nuisance pursuant to the following provisions:
a. The mayor shall cause written notice to be posted on the property and shall also serve the owner with notice of abatement addressed to the owner at the address listed with the King County assessor’s office by mailing the notice in the U.S. Postal Service with first class postage or by personal service. Service shall be complete either three business days after the notice is mailed or upon personal service, whichever occurs first. The failure of any person to receive such notice shall not affect the validity of any proceeding. The owner shall have five days to abate after the date of service of the notice by removing the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the property.
C. No City Liability. Nothing contained in this section is intended or shall be construed as imposing any duty whatsoever upon the city or any of its officers or employees, or forming the basis of any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.060 Appeal, abatement and cost recovery proceedings.
A. An owner who has a lien placed on his or her property by the city for abatement of graffiti may appeal the same within 10 days of the recording of the lien and posting of such notice on the property. Written notice requesting an appeal hearing before the hearing examiner shall be directed to the development services director, and shall include the name of the party requesting the appeal, the address of the graffiti nuisance property, a statement indicating standing to appeal, and a concise statement as to reasons why the graffiti on the property does not constitute a public nuisance.
B. Notice of Appeal Hearing. Upon a timely written request for an appeal, the city shall provide the appellant notice of the appeal hearing before the hearing examiner at least five business days in advance of the same. Notice shall be deemed served three business days after the same is mailed to the parties by first class U.S. mail.
C. Determination of Hearing Examiner. The determination of the hearing examiner after the due process hearing shall be final, and there shall be no further administrative appeal. If, after the due process hearing, the hearing examiner determines that the property contains or contained graffiti, the hearing examiner shall declare the same a nuisance and order the party to whom the notice of violation is issued to pay the costs of abatement.
D. The hearing examiner shall issue a decision and order, if necessary, containing the following: findings of fact; conclusions in support of the decision and order; type and method of abatement; the date by which said abatement was completed; and the cost of the abatement. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.070 Continued presence of graffiti an infraction.
It shall be a civil infraction for a responsible party to allow graffiti to exist on their property after receiving notice of abatement consistent with NBMC 8.40.050. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be a separate violation for purposes of this chapter. A civil infraction under this chapter shall be punishable by a penalty of $75.00 for each violation. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.080 Remedies not exclusive.
The remedies for violation of this chapter that are set forth in this chapter are not exclusive. (Ord. 1463 § 1 (Exh. A (part)), 2012).
8.40.090 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 1463 § 1 (Exh. A (part)), 2012).