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HomeMy WebLinkAbout2003-048 Graffiti - enacting a new YMC Chapter ORDINANCE NO. 2003- 48 AN ORDINANCE relating to public safety and morals; prohibiting the possession of graffiti implements, requiring retailers to post warning signs, requiring perpetrators to remove graffiti and establishing penalties for violations; and enacting a new Chapter, Chapter 6.50 and, Sections 6.50.010, 6.50.020, 6.50.030, 6.50.040, 6.50.050 and 6.50.100, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.50.010 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "6.50.010. Purpose and Intent. The City Council of Yakima is enacting this Ordinance to help prevent the spread of graffiti vandalism. The City Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. The City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts•of graffiti vandalism and defacement. The City Council does not intend for this Ordinance to conflict with any existing anti - graffiti state laws or local ordinances." Section 2. Section 6.50.020 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "Chapter 6.50.020. Definitions. • For the purposes of this Ordinance, the following words shall have the meanings respectively ascribed to them in this Chapter, except where the context clearly indicates a different meaning: (A) 'Aerosol paint' container means any aerosol container that is adapted or made for the purpose of applying paint or pigment that is not water - soluble. (B) 'Broad- tipped marker' means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater (Ik)ord graffiti 2003 )w than one - fourth (1/4) of an inch, containing ink or other pigment that is not water - soluble. (C) 'Etching equipment' means any tool or device with a cutting blade, which, under the time, manner and circumstances in which it is possessed, is or is likely to be used to etch graffiti. It shall not mean any key, silverware, gardening tool, pocketknife or tool used primarily for hunting (D) 'Graffiti' means any unauthorized inscription, figure, etching or mark of any type that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property. (E) 'Graffiti implement' means an aerosol paint container, a broad - tipped marker, gum label, paint stick or graffiti stick, etching equipment or paintbrush. (F) 'Paint stick' or 'graffiti stick' means any device containing a solid form of paint, epoxy, or other similar substance that is not water - soluble and is capable of being applied to a surface by pressure and leaving a mark of at least one - fourth (1/4) of an inch in width. (G) 'Unauthorized' means not expressly permitted by the owner or legal occupant of the property." Section 3. Section 6.50.030 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "Chapter 6.50.030 Prohibited Acts. (A) Possession of Graffiti Implements (1) It shall be unlawful for any person under the age of eighteen (18) years to possess any graffiti implement while on any public or private property, other than the minor's residence. The minor's residence does not include the common areas of any multiunit residence. It is an affirmative defense to a violation of this subsection, which the defendant must prove by a preponderance of the evidence, that (1) the individual in possession of the graffiti implement was attending or traveling to or from a school at which the individual was participating in a class that formally required the use of the graffiti implement or (2) that the individual had express permission to possess the (Ik)ord graffiti 2003 jry graffiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed. (2) It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, school or other public building or structure. The terms 'Public Facility,' and 'Public Buildings or structures' do not include public streets or alleys. It is an affirmative defense to a violation of this subsection, which the defendant must prove by a preponderance of the evidence, that (1) the individual in possession of the graffiti implement was attending or traveling to or from a school at which the individual was participating in a class that formally required the use of the graffiti implement or (2) that the individual had express permission to possess the graffiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed. (3) Possession of graffiti implements is a gross misdemeanor." Section 4. Section 6.50.040 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "6.50.040 Signage Required Every person who operates a retail or commercial establishment selling aerosol paint, broad tipped markers, paint sticks or graffiti sticks shall place a sign in clear public view stating: 'Graffiti is against the law.' Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 365 days and /or a fine up to $5,000.' Each person violating this section shall be guilty of a civil infraction with a penalty in the amount of $25. For a second or subsequent violation of this section the penalty shall be in the amount of $200." Section 5. Section 6.50.050 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "Chapter 6.50.050 Miscellaneous. (A) Any minor violating this Chapter shall be subject to the jurisdiction of juvenile court pursuant to Title 13 of the Revised Code of Washington. (Ik)ord graffiti 2003 jw (B) Restitution. In addition to any punishment specified in this ordinance, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. (C) Severability. If any clause, part or section of this Chapter shall be adjudged invalid or unconstitutional, such judgment shall not affect or invalidate the remainder of this Chapter nor the application of any such clause, part or section to any other person, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered." Section 6. Section 6.50.100 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: " 6.50.200 Graffiti - Notice to Remove. A. Definitions: For the purposes of this section, the following terms shall have the following meanings: 1. 'Perpetrator' shall mean the person who applied graffiti or the custodial parent(s) or legal guardian of any minor who has applied graffiti; 2. 'Director' shall mean the City of Yakima Director of Community and Economic Development and /or their designee; 3. 'Removal' shall mean, where practicable, the painting over or washing off of graffiti in a manner so as to restore the affected property to a condition substantially similar to the condition of the property prior to the application of the graffiti. Where painting would fail to restore the property to its original condition, such as non water - soluble media on an otherwise unpainted brick wall, removal shall mean removal by chemical or mechanical means or, where necessary such as deep etching into property which can not reasonably be restored by other means to a condition substantially similar to that in which it was prior to the application of the graffiti for which the perpetrator is responsible, replacement of the damaged property. (Ik)ord graffiti 2003 pv B. Removal of Graffiti by Perpetrator. Each perpetrator shall have the duty to remove graffiti within Seventy -two (72) hours after service by the Director of a notice to remove graffiti. Failure of any perpetrator to remove graffiti or pay for the removal of same shall constitute a violation of this ordinance: Each twenty -four hour period that elapses in which the Graffiti is not removed or payment for removal has not been made shall constitute a separate violation of this ordinance. Each violation shall be punishable as a civil infraction with a penalty of $100.00. C. Whenever: 1) the director determines that graffiti exists on any public or private buildings, structures or other real or personal property; the individual responsible for applying the graffiti has been identified; and the owner or legal occupant of the subject property has given written consent for the removal, the director shall cause a notice to remove graffiti to be issued to the perpetrator. The director may specify a period in excess of seventy -two hours after the date of notice to remove graffiti when weather conditions do not permit the painting of exterior surfaces. D. The Notice to Remove Graffiti issued to the perpetrator pursuant to this section shall be in writing and shall be served upon the perpetrator. The notice required by this section may be served in any one of the following manners: 1. By personal service on the perpetrator, or 2. By registered or certified mail addressed to the perpetrator at his or her last known address. Copy of the Notice to Remove Graffiti shall be provided to the owner and legal occupant by mailing a copy to the owner and legal occupants at their last known address. E. The notice to remove graffiti required by this section shall be in substantially the following form: NOTICE TO REMOVE GRAFFITI Date To: (perpetrator — include parental relation if applicable) (Ik)ord graffiti 2003 )w The City of Yakima has determined that (perpetrator) is responsible for applying graffiti to (affected address /description of affected structures or personal property). NOTICE IS HEREBY GIVEN that you are required by chapter 6.50 of the Yakima Municipal Code, at your own expense, to remove, replace or paint over the graffiti located on the property located at (address), Yakima, Washington, within seventy -two (72) hours after the date of this notice; or, if you fail to do so, the City may issue to you an infraction with a fine of $100 for each day that the graffiti remains. You are responsible for the costs of removal. Removal or replacement must be done in a manner and at a time and date agreed upon by the property owner. See the attached Consent to Remove Graffiti that specifies the method of removal or replacement. 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 Washington at (address). Objections must be in writing and must be received within Seventy -two (72) hours from the date of this notice. Failure to object in a timely manner will waive such objections. F. The written Consent to Remove Graffiti shall be on a form approved by the City Attorney, and shall specify the method of removal. A copy of the Consent to Remove Graffiti shall be attached to the Notice to Remove Graffiti. G. Upon receipt of a timely objection from the perpetrator or other interested party, the Director shall, within ten (10) days of receipt of said timely objection, forward the same to the Yakima Municipal Court. The Yakima Municipal Court shall conduct a hearing within thirty (30) days of receipt of such notice. The Director or their designee, the owner of the victimized property, and perpetrators entitled to be served with the notice to remove graffiti shall be notified in writing of the date of the hearing, shall be entitled to participate in the hearing as affected parties and each party may call witnesses. Any party or other person affected by the graffiti may appear and present evidence. The City shall have the burden of demonstrating by a preponderance of the evidence that the perpetrator is in violation of this chapter. The court may specify a method of removal when the parties can not agree to a removal method, however, the (Ik)ord grafhh 2003 Iiv • Court shall not order a perpetrator to remove graffiti when the property owner objects to such removal by the perpetrator. When the property owner is unable or unwilling to consent to removal, the City may then require said property owner to remove said graffiti in accordance with Chapter 11.11 of this code. H. Removal in accordance with the provisions of this section shall not be considered an admission of guilt in any criminal proceeding against the perpetrator for the act of inscribing the graffiti." Section 7. 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. Section 8. This ordinance shall be null and voice if not reenacted by the Council within one year of the effective date of the ordinance. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of July, 2003. / ATTEST: M Place, Mayor City Clerk Publication Date: 7 -18 -2003 Effective Date: 8 -17 -2003 (lk)ord graffiti 2003 jw r • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. €" For Meeting of July 15, 2003 ITEM TITLE: AN ORDINANCE relating to public safety and morals; prohibiting the possession of graffiti implements and requiring retailers to post warning signs, requiring perpetrators, to remove graffiti and establishing penalties for violations; and enacting a new Chapter, Chapter 6.50 and, Sections 6.50.010, 6.50.020, 6.50.030, 6.50.040, 6.50.050 and 6.50.100, all of the City of Yakima Municipal Code. SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff B. West, 575 -6033 SUMMARY EXPLANATION: These proposed amendments to the City of Yakima Municipal Code would make the possession of graffiti implements a gross misdemeanor and would require retailers who sell graffiti implements to post a sign warning of the potential criminal consequences of use of these products for inscription of graffiti. Additionally, the ordinance would mandate that identified perpetrators remove graffiti from the victim's property if the victim so desires. The proposed ordinance is in response to requests from concerned members of the public who have appeared before the City Council to suggest additional regulation to help prevent the blight of graffiti which plagues our City. Many of the proposed code amendments, such as requiring enhanced punishment for juveniles or mandatory minimum sentences for graffiti, suggested by concerned citizens would require changes to state law and are not within the power of the City Council to adopt. Adoption of this ordinance will create additional duties for Community and Economic Development, Legal, and Municipal Court departments of the City. Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Council Policy Issue BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: (1k) agenda (;m(fib 2UU1.p. City of Yakima Proposed Graffiti Ordinance (July 10, 2003) Overview of Operational and Financial Impacts Summary: Depending on the number of violations and the complexity of the individual circumstances surrounding each incident, the proposed ordinance could place a significant financial burden on the City and could cause significant operational impacts to the Codes, Police, Legal and Municipal Court divisions' workload and personnel. A good estimate of these financial and operational impacts can not be determined at this time. It could take a year or more of experience with the ordinance to develop costs associated with its enforcement. The attached document outlines the operational impacts of the revised proposed Graffiti ordinance. • Proposed City of Yakima Graffiti Ordinance w (Revised version as of 7/10/03) Overview of Operational /Financial Impacts AN ORDINANCE relating to public safety and morals; prohibiting the possession of graffiti implements, requiring retailers to post warning signs, requiring perpetrators to remove graffiti and establishing penalties for violations; and enacting a new Chapter, Chapter 6.50 and, Sections 6.50.010, 6.50.020, 6.50.030, 6.50.040, 6.50.050 and 6.50.100, all of the City of Yakima Municipal Code. Operational Questions / PROPOSED ORDINANCE Impacts Comments Section 1. Section 6.50.010 of the City of Yakima Municipal N/A Code is hereby enacted as a new section to read as follows: "6.50.010. Purpose and Intent. The City Council of Yakima is enacting this Ordinance to help prevent the spread of graffiti vandalism. The City Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. The City Council intends, through the adoption of this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. The City Council does not intend for this Ordinance to conflict with any existing anti - graffiti state laws or local ordinances." Section 2. Section 6.50.020 of the City of Yakima Municipal N/A Code is hereby enacted as a new section to read as follows: - "Chapter 6.50.020. Definitions. - For the purposes of this Ordinance, the following words shall have the meanings respectively ascribed to them in this Chapter, except where the context clearly indicates a different meaning: (A) 'Aerosol paint' container means any aerosol container N/A that is adapted or made for the purpose of applying paint or pigment that is not water - soluble. (B) 'Broad- tipped marker' • means any felt tip indelible N/A marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one - fourth (1/4) of an inch, containing ink or other pigment that is not water soluble. (C) 'Etching equipment' means any tool or device with a N/A cutting blade, which, under the time, manner and circumstances in which it is possessed, is or is likely to be used to etch graffiti. It shall not mean any key, silverware, gardening tool, pocketknife or tool used primarily for hunting Director/F &B -II1 7/10/03 Graffiti- OperFin.A.doc - 1 - • r ' Operational Questions / impacts Comments (D) 'Graffiti' means any unauthorized inscription, figure, N/A etching or mark of any type that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property. (E) 'Graffiti implement' means an aerosol paint container, N/A a broad - tipped marker, gum label, paint stick or graffiti stick, etching equipment or paintbrush. (F) 'Paint stick' or 'graffiti stick' means any device N/A containing a solid form of paint, epoxy, or other similar substance that is not water soluble and is capable of being applied to a surface by pressure and leaving a mark of at least one - fourth (1/4) of an inch in width. (G) 'Unauthorized' means not expressly permitted by the N/A owner or legal occupant of the property." Section 3. Section 6.50.030 of the City of Yakima Municipal N/A Code is hereby enacted as a new section to read as follows: "Chapter 6.50.030 Prohibited Acts. (A) Possession of Graffiti Implements N/A (1) It shall be unlawful for any person under the age of N/A eighteen (18) years to possess any graffiti implement while on any public or private property, other than the minor's residence. The minor's residence does not include the common areas of any multi- unit residence. It is an affirmative defense to a violation of this subsection, which the defendant must prove by a preponderance of the evidence, that (1) the individual in possession of the graffiti implement was attending or traveling to or from a school at which the individual was participating in a class that formally required the use of the graffiti implement or (2) that the individual had express permission to possess the graffiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed. • Director %F &t3 -Ill 7/10/03 Graffiti- OperFin.A.doc - 2 - Operational Questions / Impacts Comments (2) It shall be unlawful for any person to possess any N/A graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility, school or other public building or structure. The terms 'Public Facility,' and 'Public Buildings or structures' do not include public streets or alleys. It is an affirmative defense to a violation of this subsection, which the defendant must prove by a preponderance of the evidence, that (1) the individual in possession of the graffiti implement was attending or traveling to or from a school at which the individual was participating in a class that formally required the use of the graffiti implement or (2) that the individual had express permission to possess the graffiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed. (3) Possession of graffiti implements is a gross N/A misdemeanor." Section 4. Section 6.50.040 of the City of Yakima Municipal Codes /Police/ Code is hereby enacted as a new section to read as follows: Legal/Courts: • "6.50.040 Si na e Required Inspect stab g g q lishments Every person who operates a retail or commercial and/or establishment selling aerosol paint, broad tipped markers, paint follow -up on sticks or graffiti sticks shall place a sign in clear public view stating: reported vi 'Graffiti is against the law.' Any person who defaces real or personal . Issoue lations property with paint or any other liquid or device is guilty of a crime • Charge with punishable by imprisonment of up to 365 days and /or a fine up to civil $5,000.' Each person violating this section shall be guilty of a civil infraction? infraction with a penalty in the amount of $25. For a second or subsequent violation of this section the penalty shall be in the amount of $200." Section 5. Section 6.50.050 of the City of Yakima Municipal N/A Code is hereby enacted as a new section to read as follows: "Chapter 6.50.050 Miscellaneous. (A) Any minor violating this Chapter shall be subject to the Courts: jurisdiction of juvenile court pursuant to Title 13 of the Revised Code • Additional of Washington. case load (B) Restitution. In addition to any punishment specified in Courts: this ordinance, the court shall order any violator to make restitution • Process to to the victim for damages or loss caused directly or indirectly by the determine & g y y y track violator's offense in the amount or manner determined by the court. restitution, if applicable Director/F &B -III 7/10/03 Graffiti- OperFin.A.doc - 3 - • Operational Questions / Impacts Comments (C) Severability. If any clause, : .part or section of this • N/A Chapter shall be adjudged invalid or unconstitutional, such • judgment shall not affect or invalidate ,the remainder of this Chapter nor the application of any such clause,, part or section to any other person, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered." Section 6. Section 6.50.100 of the City of Yakima Municipal . N/A Code is hereby enacted as a new section to read as follows: " 6.50.200 Graffiti - Notice to Remove. A. Definitions: For the purposes of this section, the following terms shall have the following meanings: 1. "Perpetrator" shall mean the person who N/A applied graffiti or the custodial parent(s) or legal guardian of any minor who has applied graffiti; 2. "Director" shall mean the City of Yakima N/A Director of Community and Economic Development and/or their designee; 3. "Removal" shall mean, where practicable, the N/A painting over or washing off of graffiti in a manor so as to restore the affected property to a condition substantially similar to the condition of the property prior to the application of the graffiti. Where painting would fail to restore the property to its original condition, such as non water - soluble media on an otherwise _ unpainted brick wall, removal shall mean removal by chemical or mechanical means or, where necessary such as deep etching into property which can not reasonably be restored by other means to a ✓ condition substantially similar to that in which it was prior to the application of the graffiti for which the perpetrator is responsible, replacement of the damaged property. • • • Director /F &B -III 7/10/03 Graffiti- OperFin.A.doc - 4 - - a� Operational Questions / Impacts . Comments B. Removal of Graffiti by Perpetrator. Each perpetrator shall have the duty to remove graffiti within Seventy- Codes: two (72) hours after service by the Director of a notice to .remove • Respond & investigate graffiti. Failure of any perpetrator to remove graffiti or pay for the graffiti removal of same shall constitute a violation of this ordinance. Each complaints twenty -four hour period that elapses in which the Graffiti is not • Establish for removal has not been made shall constitute process for removed or payment receiving a separate violation of this ordinance. Each violation shall be police info re punishable as a civil infraction with a penalty of $100.00. graffiti perpetrator • Issue "notice to remove ", as appropriate • Create process for issuing & tracking notice & all related documenta- tion & information • Follow -up on "notice to remove" • Issue track & collect fines, as appropriate Police: • Inform C.E.D. Director of known • graffiti perpetrators, as appropriate C. Whenever: 1) the director determines that graffiti exists on any public or private buildings, structures or other real or Codes: personal property; the individual responsible for applying the (See Above) graffiti has been identified; and the owner or legal occupant of the subject property has given written consent for the removal, the director shall cause a notice to remove graffiti to be issued to the perpetrator. The director may specify a period in excess of seventy - two hours after the date of notice to remove graffiti when weather conditions do not permit the painting of exterior surfaces. • Director/FRB-III 7/10/03 Graffiti- OperFin.A.doc - 5 - • l Operational Questions / Impacts Comments D. The Notice to Remove Graffiti issued to the perpetrator pursuant to this section shall be in writing and shall be Codes served upon the perpetrator. The notice required by this section • Serve notice and distribute may be served in any one of the following manners: copies as 1. by personal service on the perpetrator, or appropriate 2. by ' registered or certified mail addressed to the perpetrator at his or her last known address. Copy of the Notice to Remove Graffiti shall be provided to the • owner and legal occupant by mailing a copy to the owner and legal occupants at last their known address. E. The notice to remove graffiti required by this section shall be in substantially the following form: Codes: • Create Notice NOTICE TO REMOVE GRAFFITI Date To: (perpetrator - include parental relation if applicable) The City of Yakima has determined that (perpetrator) is responsible for applying graffiti to (affected address /description of affected structures or personal property). NOTICE IS HEREBY GIVEN that you are required by chapter 6.50 of the Yakima Municipal Code, at your own expense, to remove, • replace or paint over the graffiti located on the property located at (address), Yakima, Washington, within seventy -two (72) hours after the date of this notice; or, if you fail to do so, the City may issue to you an infraction with a fine of $100 for each day that the graffiti — remains. You are responsible for the costs of removal. Removal or replacement must be done in a manner and at a time and date agreed upon by the property owner. See the attached Consent to Remove Graffiti that specifies the method of removal or replacement. 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 Washington at (address). Objections must be in writing and must be received within Seventy -two (72) hours from the date of this notice. Failure to object in a timely manner will waive such objections. • • Director /F&B -Ill 7/10/03 Graffiti- OperFin.A.doc - 6 - Operational Questions / Impacts Comments F. The written Consent to Remove Graffiti shall be on a Legal: form approved by the City Attorney, and shall specify the method of • Approve removal. A co of the Consent to Remove Graffiti shall be attached Co nsent to • pY Re move to the Notice to Remove Graffiti. Graffiti form. • Codes: • Obtain owner's Consent to Remove Graffiti and attach form to Notice before issuing. • • • • Director /F &B -III 7/10/03 Graffiti- OperFin.A.doc - 7 - • I'- G. Upon receipt of a timely objection from the perpetrator Codes: ' or other interested party, the Director shall, within ten (10) days of • Notify courts if receipt of said timely objection, forward the same to the Yakima objects perpetrator to Municipal Court. The Yakima Municipal Court shall conduct a , removing • hearing within thirty (30) days of receipt of such notice. The Director graffiti or their designee, the owner of the victimized property, and • Require . property perpetrators entitled to be served with the notice to remove graffiti owner to shall be notified in writing of the date of the hearing, shall be remove entitled to participate in the hearing as affected parties and each graffiti when party may call witnesses. Any party or other person affected by the owner unwilling to graffiti may appear and present evidence. The City shall have the allow burden of demonstrating by a preponderance of the evidence that perpetrator to the perpetrator is in violation of this chapter. The court may specify do so. a method of removal when the party's can not agree to a removal Municipal Court: method however, the Court shall not order a perpetrator to remove . Adjust court graffiti when the property owner objects to such removal by the schedules to . - perpetrator. When the property owner is unable or unwilling to ensure a • consent to removal, the City may then require said property owner hearing Y Y �l P P Y within 30 to remove said graffiti in accordance with Chapter 11.11 of this code. days • • Notify all • appropriate parties of hearing date • Determine method of graffiti removal if • applicable • Legal`. • Adjust prosecutors schedule to ensure graffiti • hearing with- in the 30 day require- ment H. Removal in accordance with the provisions of this N/A section shall not be considered an admission of guilt in any criminal proceeding against the perpetrator for the act of inscribing the graffiti. • • • Director /F &B -111 7/10/03 Graffiti- OperFin.A.doc - 8 -