HomeMy WebLinkAbout2005-005 Fine for Failure to Remove Graffiti; Notice Changes; YMC Amendment and Addition ORDINANCE NO 2005- 05
AN ORDINANCE An ordinance relating to buildings, authorizing the imposition of a
monetary fine when a property owner fails to remove graffiti after the
"Notice to Abate Graffiti" has expired, amending the "Notice to Abate
Graffiti" to inform the property owner of the impending fine, amending
Section 11 11 030 and adding Section 11 11 035 of the City of Yakima
Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 Section 11 11 030 of the City of Yakima Municipal Code is hereby
amended to read as follows
11 11.030 Graffiti—Notice to remove.
A. Whenever the director 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 the director shall cause a notice
to be issued to abate such nuisance The property owner shall have fifteen days after the
date of the notice to remove the graffiti or the same will be subject to abatement by the city
The director may specify a period in excess of fifteen days after the date of notice to remove
the graffiti when weather conditions do not permit the painting of exterior surfaces
B The notice to abate graffiti pursuant to this section shall cause a written notice to be
served upon the owner(s) of the affected premises, as such owners' name and address
appears on the last property tax assessment rolls for Yakima 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 required by this section shall be in substantially the following form
NOTICE OF INTENT TO REMOVE GRAFFITI
Date
To
NOTICE IS HEREBY GIVEN that you are required, by Chapter 11 11 of the Yakima
Municipal Code, at your own expense, to remove or paint over the graffiti located on the
property located at (address), Yakima, Washington, which is visible to public view, within
fifteen (15) days after the date of this notice, or, if you fail to do so, pursuant to Section
11.11.035 of the Yakima Municipal Code you will be fined four hundred dollars ($400.00)
following this fifteen (15) day notice, and the City may abate the nuisance created by said
graffiti, either itself or through the use of a private contractor, by painting over the graffiti.
The cost of the abatement by the City or private contractors utilized by the City to abate the
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nuisance will be assessed upon your property and such costs will constitute a lien upon the
land until paid
All persons having any objection to, or interest in said matters, are hereby notified to submit
any objections or comments to the Director of Community and Economic Development of
the City of Yakima 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
If you can not afford to remove or paint over the graffiti, or are physically unable to do the
work involved, you may qualify for assistance programs Please contact the City of Yakima
Housing Office at (phone # currently 575 -6101) to see if you qualify
Section 2 Section 11 11 035 of the Yakima Municipal Code is hereby added as a
new section to read as follows
11.11.035 Graffiti — Failure to remove — Penaltv
A. A property owner who violates section 11.11.030 of the Yakima Municipal
Code by failing to remove graffiti within the fifteen (15) days following the "Notice to Abate
Graffiti ", shall be quilts of a civil infraction with a penalty in the amount of four hundred
dollars ($400.00), unless an objection is filed pursuant to 11.11.055.
B. If an objection is filed pursuant to 11.11.055 and the City Council issues a
"Determination of Intent to Proceed ", a property owner who violates Section 11.11.055 or
Section 11.11.030 of the Yakima Municipal Code by failing to remove graffiti within the ten
days following the issuance of the "Notice of Determination of the Intent to Proceed ", or
within the fifteen days following the issuance of the "Notice to Abate Graffiti ", whichever is
later, shall be guilty of a civil infraction with a penalty in the amount of four hundred dollars
($400.00).
Section 3 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 15th day of February,
2005
ATTEST Paul P George, Mayor
City Clerk
Publication Date 2 - 18 - 2005
Effective Date 3 - 20 - 2005
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 3
For meeting of February 15, 2005
ITEM TITLE: An ordinance relating to buildings, authorizing the imposition of a
monetary fine when a property owner fails to remove graffiti after
the "Notice to Abate Graffiti" has expired, amending the "Notice to
Abate Graffiti" to inform the property owner of the impending fine,
amending Section 11 11 030 and adding Section 11 11 035 of the
City of Yakima Municipal Code
SUBMITTED BY Doug Maples, Code Administration and Planning Manager
Cynthia I Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE. Cynthia I Martinez, 575 -6033
SUMMARY EXPLANATION. The Yakima City Council has adopted a comprehensive graffiti
ordinance to discourage would be perpetrators and to regulate the sale of graffiti implements. In
January of 2004, with the support of the Yakima City Council, the City of Yakima implemented a
Graffiti Paint -Out Program This program utilizes volunteer and inmate labor to paint -out graffiti
at no cost to the property owner Many property owners utilize the Graffiti Paint -Out Program or
choose to remove graffiti placed upon their property by other means, while other property
owners fail or refuse to cooperate with the City of Yakima's efforts to remove graffiti These
proposed amendments to the Yakima Municipal Code are designed to impose a monetary
penalty of Four Hundred Dollars ($400 00) on those property owners who refuse to utilize the
free paint -out service and fail to remove graffiti in a timely manner Property owners will receive
notice of the impending fine within the served "Notice to Abate Graffiti" The Yakima City Council
has made improving our community image a top priority and these proposed amendments to the
City of Yakima Municipal Code will further that goal
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Pass Ordinance
BOARD /COMMISSION RECOMMENDATION. The Yakima City Council Public Safety
Committee is forwarding the attached ordinance to the full Council for consideration The
Committee was unanimously in favor of the proposed changes. On February 1, 2005, the
Yakima City Council requested that the proposed amendments be modified The requested
changes are reflected in the current proposed amendments
COUNCIL ACTION' Ordinance passed. ORDINANCE NO. 2005-05
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