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0394 Graffiti 19930 . 0 CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 394 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 9.28 OF THE CHUBBUCK MUNICIPAL CODE PROVIDING FOR THE REMOVAL OF GRAFFITI, PROVIDING FOR NOTICE AND SERVICE OF NOTICE UPON PROPERTY OWNERS REQUIRING THEM TO ABATE ANY GRAFFITI NUISANCE; PROVIDING FOR REMOVAL BY THE CITY IF THE OWNER FAILS TO REMOVE THE GRAFFITI; PROVIDING FOR ASSESSMENT OF THE COSTS OF ANY SUCH REMOVAL AGAINST THE PROPERTY PURSUANT TO IDAHO CODE S 50-1008; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Chapter 9.28. The following Chapter 9.28 is added to the Chubbuck Municipal Code: GRAFFITI REMOVAL Sections: 9.28.010 Graffiti deemed nuisance. 9.28.020 Definitions. 9.28.030 Graffiti prohibited. 9.28.040 Graffiti - Notice of removal. 9.28.050 City costs enforceable debt -lien. 9.28.060 Appeal. 9.28.070 Removal by City. 9.28.010 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. 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 so very quickly and secretively that witnesses to the acts are frequently non-existent. Ordinance - Page 1 dsc chbbck12.108 C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to proper authorities, 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. 9.28.020 Definitions. For the purposes of this chapter, the following words shall have the following meanings: A. "Graffiti" means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures and places, not including markings placed by authorized personnel for utility, police or other authorized purposes. 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. 9.28.030 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. 9.28.040 Graffiti - Notice of Removal. A. Whenever the Police Chief or the Chief's designated representative determines that graffiti exists on any public or private buildings, structures, and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right-of-way within the city, and when seasonal temperatures permit the painting of exterior surfaces, the Police Chief or the Chief's designated representative shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice to remove the graffiti or the same will be subject to abatement of the city. 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 Bannock County, Idaho. 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. Ordinance - Page 2 dsc chbbck12.108 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 Chubbuck, at your own expense, to remove or paint over the graffiti located on the property commonly known as address), Chubbuck, Idaho, 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 upon your property pursuant to Idaho Code S 50-1008 and such costs will constitute a lien upon the property until paid. All persons having any objection to, or interest in said matters, are hereby notified to submit any objections or comments to the Police Chief of the City of Chubbuck or the Chief's designated representative, 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, proceed with abatement of the graffiti inscribed on your property at your expense without further notice. 9.28.050 City costs, enforceable debt -lien. Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or control of the property, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts as authorized by Idaho Code S 50-1008. 9.28.060 Appeal. Within ten (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 Chubbuck City Council. Filing of an appeal will stay, during the pendency of the appeal, any enforcement or actions by the city to abate the graffiti nuisance. 9.28.070 Removal by city. A. Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the Police Chief or the Chief's designated representative approves, 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 or cover graffiti shall be as close as practicable to background color(s). If the Police Chief provides for the removal of the graffiti, the Ordinance • Page 3 dsc chbbck12.108 Chief shall 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 Chubbuck may consent in advance to city entry onto private property for graffiti removal purposes. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 9th day of February, 1993. i AYOR -Z:�� ATTEST: CITY CLERK Ordinance - Page 4 dsc chbbck12.108