Chapter 8.07
GRAFFITI CONTROL
Sections:
8.07.030 Prohibition of graffiti.
8.07.040 Possession of graffiti implements.
8.07.060 City costs enforceable – Debt – Lien.
8.07.010 Intent and purpose.
The intent of this chapter is to provide for the city’s removal of graffiti from permanent structures located on real property within the city limits, whether the structure or property is publicly or privately owned. The city finds that graffiti furthers blight, encourages acts of vandalism and related criminal conduct, depreciates the value of surrounding properties, and is inconsistent with its property maintenance goals and aesthetic standards. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.020 Definitions.
The following words and phrases used in this chapter have the meanings set forth below, unless context clearly suggests otherwise:
“Graffiti” means any unauthorized inscription, word, figure, or design that is indelibly marked, etched, scratched, drawn, or painted on any building or structure, regardless of the nature of the material of that building or structure. “Graffiti” includes without limitation one or more letters, symbols, or other markings painted, drawn, or otherwise applied to a wall, post, column, or other building or structure, or to a tree, or other exterior surface, whether publicly or privately owned.
“Graffiti implement” means any device or other mechanism designed to propel liquid which contains ink, paint, dye or other similar substance, which is expelled under pressure, either through the use of aerosol, pumps, or similar propulsion mechanisms. This definition also includes markers or pens that contain any solution that cannot be removed with water after it dries and has a flat, pointed, or angled writing surface of a width of four millimeters or greater when such marker or pen is possessed in a location and manner described in SMC 8.07.040.
“Graffiti vandalism” means unpermitted defacement of public or private property subject to the fines and penalties of a malicious mischief criminal offense. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.030 Prohibition of graffiti.
A. It is unlawful for any person to apply graffiti to any structure or building within the city of Sequim, whether the structure or building is publicly or privately owned.
B. Persons convicted of violating this section, in addition to any other penalties imposed by this code, may be required to pay restitution to the property owner. If the violator is a minor, the parent or guardian is responsible for the payment of restitution within the limits of liability set forth in any applicable RCW section. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.040 Possession of graffiti implements.
It is unlawful for any person to possess any graffiti implement while on public or private property without the express consent of the owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of property in the vicinity, and when such possession is under circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of a violation of SMC 8.07.030. Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the fact that the person takes flight upon discovery or manifestly endeavors to conceal the graffiti implement or their identity. Before any formal arrest and/or citation is issued for a violation of this section, the person will be afforded an opportunity to explain their lawful presence and conduct. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.050 Removal of graffiti.
A. The city of Sequim may remove graffiti from any structure or building after receiving consent of the owner or, if the owner’s consent is not received, after obtaining the right to remove the graffiti through legal action.
B. Notice of Intent to Remove Graffiti.
1. Whenever the code enforcement officer or designee determines that graffiti exists that is visible from any public road, park, alley, sidewalk, or other right-of-way within the city, and when seasonal temperatures permit the painting of exterior surfaces, the code enforcement officer or designee will issue a notice to the owner to remove the graffiti. The property owner has 15 calendar days after the date of the notice to remove the graffiti or the city may pursue removal.
2. The notice to remove graffiti must be served by personal service on the owner, occupant, or person in charge or control of the property, or by certified mail to the last known address of the property owner as appearing on the most recent property tax assessment rolls of Clallam County, Washington. If there is no known address for the owner, the notice may be mailed in care of the property address.
3. The notice must be in a form approved by the city attorney, containing substantially the following information:
Notice of Intent to Remove Graffiti
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by Ordinance of the City of Sequim, at your own expense, to remove or paint over the graffiti located on the property commonly known as (address), Sequim, Washington, which is visible to public view, within 15 calendar days after the date of this notice. If you fail to do so, the City may remove or paint over the graffiti. The cost of removal by the City or private contractors employed by the City will be assessed upon your property and such costs will constitute a lien upon the land until paid.
If you have questions or concerns, or object to removal of the graffiti, please contact the City of Sequim’s Code Enforcement Officer within 10 business days from the date of this notice. If we receive no objections or comments to the notice at the conclusion of the 15-day period, the City will proceed with removal of the graffiti at your expense without further notice.
(Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.060 City costs enforceable – Debt – Lien.
Any and all costs incurred by the city in removal of graffiti as provided in this chapter constitutes a debt owed to the city by the property owner or person in charge or control of the property, and is enforceable as a lien against the property upon which the graffiti existed, in addition to the other legal remedies available for enforcement of debts. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.070 Appeal.
Within 10 business days from the mailing or from personal service of the notice of intent to remove graffiti, the owner or person occupying or controlling the affected premises may appeal by filing a notice of appeal in writing with the city clerk or designee. Filing of an appeal will stay any enforcement or actions by the city to remove the graffiti. The hearing examiner’s decision is the final decision of the city. (Ord. 2021-024 § 1 (Exh. A); Ord. 2021-016 § 1 (Exh. B); Ord. 2007-015 § 1)
8.07.080 Removal by city.
A. Upon failure of property owners to comply with the notice by the designated date, or such continued date thereafter as the code enforcement officer or designee approves, then the code enforcement officer is authorized and directed to cause the graffiti to be removed by city employees 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 will be taken by the city, and any paint used to obliterate or cover graffiti will be as close as practicable to background color(s) of the structure. If the code enforcement officer or designee provides for the removal of the graffiti, they will not authorize nor undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located.
B. Property owners in the city of Sequim may consent in advance to city entry onto private property for graffiti removal purposes.
C. In the event that the property owner fails to remove the graffiti after notice has been sent, the city may, at its option, in lieu of the above procedure, abate the graffiti as a nuisance under city ordinances or state law.
D. The public works department is responsible for graffiti removal and will budget appropriately as well as coordinate or contract for such removal using city resources and/or the services of private companies or civic organizations. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.090 Reward.
The city may pay a reward to any person who provides information that leads to the arrest and conviction of any person who applies graffiti to a surface of real or personal property. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.100 Penalty.
A. The violation of any provision of this chapter may be prosecuted as a malicious mischief offense or other applicable offense available under state law.
B. If a minor is personally unable to pay any fine or restitution levied for violating any provision of this chapter, the parent or legal guardian is liable for the payment pursuant to RCW 4.24.190. (Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)
8.07.110 Reserved.
(Ord. 2021-024 § 1 (Exh. A); Ord. 2007-015 § 1)