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HomeMy WebLinkAbout2008-10 11-10 CCO CI Y OF BROOKLYN CE�Tr R Notice is hereby given that a public hearing will be held or� Ehe l Oth day oF Novembex, 200$, at ?:t�0 p.m., or as soon thereafter as the nriatter may be heard, at City Hall, 6301 �hin�le Creek Parkway, to c�nsider an amendment to Chapter 19 of the City Code relating to th� abatement of graffiti. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advan�,e. Please notify the City Clerk at 612-569-3300 to make arrangements. ORDINANCE NO. 20�8-10 AN nRDINANGE AMENDING CHAPTER 19 OF THE CITY �L�J�E QF QRDINANC�� ADI�ING NEVV SECTION� REI.A'��INC7 T(� `�'Tr�� ABATEME�,T`T QF �RAFFITI THE CITY COUIVCIL �F THE CITY OF BROOKL�'�l CENTER DOES �RI�A� �S FOLLOWS: Section 1. Chapter 19 is amended to add the following new Sections: Section �9-3000. FINDINGS AND PURPOSE. The Citv Council of the Citv of Brookivn renter is �nactin� sections 13-3000 throu�h 19-3006 to heln xirevent the s�rea� �f ����f�ti �axidalas�n and to establis�i a nrosram for the removal of er�ffiti from nublic and ari� �arc��ert�%. ��h� �ouneil �inds that sraffiti is a�ublic nuisance anc� destruetive �f �he ri�ht� ar�d val�aes c�f nrobertv owners as we11 as the entire communit�. Graffiti rern�trators are oft�n assac,iated wit� other criminai activities, includin� violent crimes. Unless the C'itv acts �o remQVe �r�f�iti �rQ� publi� and t�rivate nronertv, the �raffiti tends to remain. Other nronerties then be�ome the tar�et of �raff�ti and entire nei�hborhoods are affected and become iesc desirable nl�ces ira �:��.i�h ta� �e. all ta the detriment of the citv. The Citv Council intends. throu�h the adontion of sections 19-3000 throu�h 19-30d6 ta nrovide additional �nforcement tools to nrotect nublic and nritiate nronertv from acts a� �raf�iti vara.dalism ana defacemen� of nublic anc� nrivate nron;,rtv. The cauncil ci�es not zntend for th�se sections to �onflict wit�i anv expstin� auti-�ra�ti state laws or "criminal dama�e to nronertv" law�s. Seetion 19�3(�01. DEFIIeTITTONS. The fofllowin� definitions sl�a1� ar��lv in t�e internretati�n ar�� enfnrcement of sections 19-3QU0 throu�h lA-3�06. 1. Aerosol Paint Container means anv aeros�l container that is adarted or mad� for the r�ur�ose ��f a�a�l��in� s�rav naint or othe: su'�stan�c.s canahle �af detacir�� pr�nertv. 2. Bz�ad-Tipped Marker means anv felt ti�+ indeirble n�ark�r �r similar imt�lement vvith a flat or ar���ed v��ritin� surface that, ai its brc,adest widt�i, �s �reater than one-fourth Uf an inchn con�ainin� ink �r othe� ni�rriented li�uid that is not wate� so�uble. ORDIl�TANCE NO. 2008-10 3. Citv Mana�er the Citv Mana�er of the Citv of Bro�klvn Center or the Mana�er's authorized desi�nee. 4. Etchin� Eauinment means anv tool, device, or substanee that can be used to make permanent marks on anv natural or man-made surface. 5. Graffiti means anv unauthorized inscrintion, word, fi�ure, naintin�, svmbol, ar other defacement that is written, marked. etched, scratched, snraved, drawn, nain�ed, or en�raved on or otherwise affixed to anv surface of nublic or nrivate nrobertv bv anv �raffiti imnlement. °°*°H* that was not autharized in advance bv the owner c�r occubant of the nrobertv, or, desnite adyance authorizations, otherwise is deemed a bubiic r�uisance bv the citv council. 6. Uraffiti Imblement means an aerosol naint container, a broad-tinned marker, gum label. paint stick or �raffiti stick, etchin� eauinment, brush or any other device canable oi scarring ar leavin� a visible mark on anv natural or man-made surface. 7. Paint Stick or Graffiti Stick means anv device containin� a solid form of t�aint, chalk, wax, epoxv. or uther similar substance canable of bein� abblied to a surface bv �ressure and leavin� a mark of at least one-fourth of an inch in width. 8, Owner those shown to be tlhe owner or owners on the records of the Hennet�in �'ountv Denartment of Pronertv Taxation; those identified as the owner or owners on a vac�n� buildin� resistration form, a holder of an unrecorded contract for deed, a mort�agee o. vendee in nossession. a mort�a�or or vendor in nossession, an assienee of rents, a receiver, an executor, a trustee, a lessee. other oerson, firm or cornoration in control of the �reehald of the nremises or lesser estate therein. An owner als� means anv nerson, nartnershin, association, comaration, or fiduciarv havin� a le�al or eauitable title or anv interest in the propertv �r buildin�. This includes anv nartner, offii;er, or direct�r of anv t��rtnershib, coroorati�n, association or other le�allv-constitrate� business entitv. All �wners shal� have ioint and several oblieations for comnliance with the nrovisians of sections 19-3000 thrc�u�h 19-3006 of thi� code. 9. Resnonsible Part� means an owner, occunant, entitv or berson actin� as an ��ent for ihe owner who has direct ar indirect control or authorirv over the buildin� or real nro�ertv unon which the buildin� is located, and anv nartv havin� a 1��a1 or eauitabie interest in the brobertv. Resnonsible bartv rnav include, but is not limited to, a realtor, se� �rovid�r, mort�a�or, leasin� a�ent, manasement comnan�� or similar nerson or entitv. Section 19-3002. PRUHIBITED ACTS. l. Defacement. It is unlawful for anv nerson to annlv �raffiti to anv natural or man- made surface on anv nubliclv or nrivatel`�-owned nrobertv. 2. Possession of �raffiti imulements. �Jnless othet authorized bti the owner or oc�unant. it is unlawful for anv nerson to nossess anv graffiti imnlennent while: I �1�DIIv<ANCE NO. 2�08-10 a. within 20� feet of an�� �raffiti lacated iri or on a�ublic facilitv, n�rk, plav�round, sivimming �ool, recreational facilitv, brid�e, or other nublic buildin� or structure owned or onerated bv a�overnmental a�enc�; or b. within 200 feet of anv �raffiti located in anv nublic place or on nrivate pronertv. between the hours of 10:00 p.m. and 5:00 a.m. Section 19-3003. GRAFFITI AS NUISANCE. 1. Declaration. The existence af �raffiti on nublic or nriv mrobertv is exnresslv declared to be a nublic nuisance and, therefore. is subiect to the removal and abatement nrovisions snecified in sections 19-3004 and 19-3005. 2. Dutv of nronertv owner. It is the dutv of both the owner of tfie pr�t�ertv to which the �raffiti has been annlied and an:v resnonsible nartv �to at all times keeb �he �ronertv clear of �raffiti. 3. Reneat violations. If a oronertv is subiect to three or more occurrences of �raffit� within a vear, annlication of anti-�raffiti material of a tvne and nature that is acceptable to the citv anav be reauired for each of the nubliclv viewable surfaces after notification bv the cit�, or imnosed durin� imnrovements or construction activities to the site as determined bv the cit�. Section 19-3004. REMOVAL OF GRAFFITL 1, Bv nernetrator. The Citv mav reauire anv nerson annlvin� �raffiti on nublic or br.ivate t�ronertv to either remove or nav for all costs for removal of the �raffiti within 24 hours after notice bv the citv or nronertv owner. The removal must be nerfarmed i:� a manner nrescribed bv the citv, with materials and colors combatible witl� existin� surfaces, and io a condition that is comnarable to or imnroved uno the condition that existed before the �raffit: anplicatian, as determined bv the citv. Where �raffiti is annlied bv a�erson under 18 vears �id. the narents or le�ai �uardian will also be resnonsible for sucl� rernoval or for bavznent fo� the c�sts of removal. Failure of anv nerson to remove �raff�ti or nav for the removal will constit�zt� an additional violation of Sect ion 19-3000 throu�h 19-300( �ra' 2. Bv nronertv ovvner or citv. In lieu of the nrocedure set forth in nara�ranh l, the citv mav order that the �raffiti be removed bv the nronertv ow or resbonsible �artv. Graffiti removal and corrections must be nerformed with materials and colors corznatible urith existin� surfaces as determined bv the citv. If the nronertv owner or resnonsible nartv fails to remove offendin� �raffiti within the time snecified bv the citv. th� citv inav commence abatement and cost recoverv nroceedin�s for the �raffiti removal in accordance with section 19-3Q05. Section 1y-3005. ABATEMENT PROCEDU:RE. 1. Abatement bv citv. If the owner or responsil�le nartv does not com�rlv with the noti�;e �vithin the time snecified, the citv mav abate the nublic nuisance. 2. Notice and Hearin�. The follo«�in� notification rnust be conduc�ed briar to citv abatement of the roublic nuisance. Whenever it is dekermined that a nublic nuisanc� is be'in� maintained or exists on a nronertv, the Citv Mana��r must �ive seven (71 davs' vti�itten riotice O�JIIVAN�E �TO. 2008-10 thrc�u�h �ervice bv mail, bv nostin� a notice on the nronertv, or bv nersonal deliverv to the owner or resnonsible nartv of the nronertv on which the nul�lic nuisance is located. When �he bronertv is occunied, service unon the occubani is deemed service unon the owner. Where the �aro�ertv is unoccunied or abandoned, service mav be bv mail to the last known owner of record of the nronertv or bv nostine on the nronertv. The notice must state: a. A descrintion of the nublic nuisance; b. That the nublic nuisance must be corrected within 7 davs of the service of the notice; c. That if the nublic nuisance is not nronerlv removed or corrected as ordered, the nublic nuisance will be abated bv the citv and the costs of abatement will be sbecialiv assessed to the broaertv taxes; d. That the owner or resnonsible nartv of the nrobertv on which the bublic nuisanee is located mav in writin� reauest a hearine before the Citv Mana�er. P��- 3. Hearin�. Action. If a hearin� is reauested durin� the 7-dav neriod, the Citv N1ana�er must nromntiv schedule the hearin�, and no further action on the ab�t�m�nt of i�e publzc nuisance mav be taken until the N1ana�er's decision is rendered, At the conclusic�n of tne scheduled hearing, the Mana�er mav il cancel the notice to remove or correct the bublic nuisance, iil modifv the notice, or iiil affirm the notice to remove or correct the bublic nuisance. If the notice is modified or affirmed, the nublic nuisance must be disnosed of in accordance with the citv's written order. 4. Summarv abatement. The enfarcin� officer mav nrovide for abatin� a nublic nuisance without following the nrocedure reauired in nara�rabh 2 when: a. there is an immediate threat t� the public healxh or safetv; b. there is an immediate threat of serious nronertv dama�e; c. a nublic nuisance has been caused bv nri��ate narties on nu%lic �ronertv; �r d. anv other condition exists that �Tiolates state or 1oca1 law and that is a nublic health or safetv hazard. A reasonable attemnt must be made to notifv the owner. occunant, or other resnonsible partv of the intended action and the ri�ht to anreal the abatement and cost recoverv at the next i�e�ularlv-scheduled Citv Council meetin�, 5. Cost recoverv. The owner of bronertv on which a nuisance has been abated bv the citv, or a nerson who has caused a nublic nuisanc� c�n nro�ertv not owned bv �hax person, is personallv liable to the citv for the cc�st of the abatement, inc;ludin� administrative costs. As saon as the work has been comnleted and the cost determined, the citv will brenare a bill �or the cost and ma�l it to the owner or �ther resnonsible t�artv. The amount is immediatelv due and pavable to the citv. 0 �:R7�'v�4NCE NO. 20U8-10 6. Assessment. If the cost, or anv nortion of it, has not been naid within 30 davs after the date of the bill, the council mavi certif� the �annaid c�st a�ainst the aronertv to which the cost i� attributable in accordance with ih� nrocess set forth in section 19-105 of this Cocie. Section 19-3006. PENALTIES. 1. Anv violation of sections 19-3000 throu�h 19-3U06 is a misdemeanor, nunishable in accordance with state law. The Citv is not. however, nrecluded from seekin� other remedies or civil nenalties available under this code or state law. A nrivate nronertv owner mav also seek additional benalties or remedies. Section 2. This ordinance shall become effective after adontion and unon thirtv (301 davs followin� its le�al nublication. Adopted this l O day of November, 2008. C.,: v�:r:t a-'` .,�e"`'" �.rr` Nlayor ATTEST: `'��(Y�i���C�o yl� Citv Clerk Date of Publication: November 20, 2008 Effective Date: December 20, 2008 (Underline indicates new matter; strikeout indicates matter to be deleted, �ouble underline indicates new matter since first reading.)