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HomeMy WebLinkAbout2001-016 Graffiti Abatement ORDINANCE NO. 2001 -16 AN ORDINANCE relating to public safety and morals; requiring the removal of graffiti from private property; creating a lien on private property when public funds are expended for graffiti removal; enacting a new chapter, Chapter 11.11; of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 11.11.010 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "11.11.010 Graffiti Deemed Nuisance. A. Graffiti and other defacement of public and private property, including walls, rocks, bridges, 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, apprehension of persons who commit such acts is difficult because the offenses involved can be committed quickly and surreptitiously so that witnesses to the acts are frequently non - existent. C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the product of the 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." Section 2. Section 11.11.020 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "11.11.020 Definitions. For the purposes of this chapter, the following words shall have the following meanings: Ord graffiti removal 1 04/16/014:03 PM JBW /jbw A. "Graffiti" means the defacing, damaging or destroying by painting by whatever means or marking of ink, chalk, dye, or other similar substances or placement of stickers or appliques on public or private buildings, structures and places. B. "Graffiti Abatement Procedure" means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures the absence of response. C. "Private Contractor" means any person with whom the City shall have duly contracted to remove graffiti. D. "Director" means the City of Yakima Director of Community and Economic Development and their designee." Section 3. Section 11.11.030 of the City of Yakima Municipal Code is hereby enacted as a, new section 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 (15) 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 (15) 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: Ord graffiti removal 2 04/16/014:03 PM JBW/jbw 4. 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, 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 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 Ord.graffiti removal 3 04/16/014:03 PM JBW /jbw contact the City of Yakima Housing Office at (phone # currently 575 -6101) to see if you qualify. Section 4. Section 11.11.040 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "11.11.040 Voluntary Correction Agreement. (1) In lieu of issuing a notice to remove, the Director may execute a voluntary correction agreement with the owner of a dwelling, building, structure, or other premises the Director determines is in violation of this chapter. (2) A voluntary correction agreement is a contract between the City and the owner in which such person agrees to abate the illegal conditions within a specified time and according to specified conditions. The voluntary correction agreement shall include: (a) The name and address of the owner and any other person bound under the contract (b) The street address and a legal description sufficient to identify the premises; (c) A description of the violation; (d) The corrective action to be taken, and a date and time by which the corrective action must be completed; (e) A stipulation by the owner that the illegal condition(s) identified in the complaint or notice and order do exist and that the corrections specified in the voluntary correction agreement are appropriate; (f) A stipulation by the owner that the City of Yakima may abate the illegal condition(s) and recover costs as an assessment to the owner and a lien on the property pursuant to this chapter in the event of a material breach of the voluntary correction agreement; (g) Permission by the owner for the City to enter upon the property at any reasonable times until the illegal condition(s) is abated; and (h) An acknowledgement. (3) The Director may, in his or her sole discretion, extend deadlines for correction Ord graffiti removal 4 04/16/014:03 PM JBW /jbw if the owner has been diligent and made substantial progress but has been unavoidably delayed. (4) The Director may determine that a material breach of a voluntary correction agreement has occurred, and may further determine what shall be done to abate the illegal conditions that were the subject of the voluntary correction agreement. The Director shall provide notice of such a determination to the other party. A party to the voluntary correction agreement may appeal such a determination to the City Council by filing a request for hearing with the office of the City Clerk within 15 days of the date notice of breach is mailed by the Director. Section 5. Section 11.11.050 of the City of Yakima Municipal Code is • hereby enacted as a new section to read as follows: "11.11.050 City Costs Enforceable as 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, in addition to any and all other legal remedies available for the enforcement of debts, be enforceable as a lien against the property upon which such nuisance existed." Section 6. Section 11.11.055 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: 11.11.055 Appeal to City Council - Stay of Proceedings A. Upon receipt of a timely objection or comment from the owner or person occupying or controlling the premises affected, the Director shall, within ten (10) days of receipt of said timely objection or comment forward the objection to the Yakima City Council. The Yakima City Council shall conduct a hearing. The Director or their designee, the owner, and other parties entitled to be served with the notice to abate graffiti may participate as parties in the hearing and each party may call witnesses. Any complainant or person affected by the graffiti may appear and present evidence. The City shall have the burden of demonstrating Ord.graffiti removal 5 04/16/014:03 PM JBW/jbw • by a preponderance of evidence that the graffiti at issue is in violation of this chapter and that a determination of hardship should not issue. Following such hearing, the Yakima City Council shall: 1, Issue a determination of intent to proceed; 2. Issue a determination of hardship; or 3. Issue a determination of termination of proceedings. Decisions of the council shall be determined by a majority vote of the council members present provided that there is a quorum. B. A determination of intent to proceed shall be served in the same manner as the notice to abate graffiti contained in section 11.11.030(B). Such determination shall notify the property owner of the City's intent to proceed with the abatement ten (10) days after the issuance of the determination of intent or fifteen (15) days after the issuance of the notice to abate graffiti, whichever is later. C. A determination of hardship shall stay the enforcement of this chapter for a specified period. A determination of hardship shall be issued to give appropriate effect to special and extenuating circumstances which, in order to do substantial justice, warrant the exercise of discretion to adjust the timeframes, standards, and other provisions of this chapter. Examples of circumstances which may warrant such exercise of discretion include, without limitation: medical illness or disability affecting a property owner's ability to comply, absences from Yakima County; and bona fide insurance coverage disputes that create a definite risk that enforcement of this chapter would unfairly result in a substantial economic loss to the property owner. Section 7. Section 11.11.070 of the City of Yakima Municipal Code is hereby enacted as a new section to read as follows: "11.11.070 Removal by City Upon failure of persons to comply with the notice or determination by the designated date, then the Director is authorized and directed to cause the graffiti to be abated by City forces or by private contractor. Prior to abating the graffiti Ord graffiti removal 6 04/16/014:03 PM JBW /jbw t • i nuisance, the Director shall attempt to obtain the written consent of the property owner to enter and abate the nuisance. If such consent is not forthcoming, then the Director, using lawful means such as the obtaining of an administrative warrant, may enter upon the property and abate the nuisance. The Director may seek judicial process, as is deemed necessary, to carry out the abatement. All reasonable efforts to minimize damage from such entry shall be as 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 Director provides for the removal of the • graffiti, the Director shall not authorize nor undertake to provide for the painting or repair of any more extensive area that the area where the graffiti is located. Section 8. 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 17 day of • OR 11 — , 2001 A „.,,/,., r y Place, Mayor ATTEST: By lah2,-,,...., >d ,, City Clerk Publication Date: 4-20 -2001 Effective Date: 5 -20 -2001 Ord.graffiti removal 7 04/16/014:03 PM JBW /jbw i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 15 For Meeting of April 17, 2001 ITEM TITLE: Consideration for Approval of Graffiti Ordinance SUBMITTED BY: /� Vjlliam R. Cook, Director of Community and Economic U�V Development Department CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning Manager (509) 576 -6121 SUMMARY EXPLANATION: At the City Council study session on February 27, 2001, the first draft of a graffiti ordinance was reviewed. Per City Council's recommendation, staff has re- drafted the graffiti ordinance. (See attachment) In addition, on February 27, 2001, at the Council study session Lynn Kittleson presented Council with a "Graffiti Removal Information" handout, which included suggestions for graffiti removal and abatement. (See attached handout). Staff has commented on each of her concerns in a supplement memorandum.(See attachment) Please note that only recommendation #4 would require a change to the proposed ordinance. Resolution Ordinance X _Other (Specify) Handout & Supplemental Memorandum Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: � City Manager STAFF RECOMMENDATION:Staff request Council for further direction regarding the revised draft of the graffiti ordinance. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: The ordinance, as amended, was passed. ORDINANCE NO. 2001 -16 i• BARNETT MOTIONS ON GRAFFITI ABATEMENT ORDINANCE: AGENDA ITEM NO .15 FOR MEETING OF APRIL 17, 2001 1. Refer to 11.11.040 (2) (f) and (g), Voluntary Correction Agreement on Page 4 I move that the words "and administrative fees" be deleted in each sentence of sub - paragraphs (f) and (g). (Deletion of the words "and administrative fees" is proposed since the ordinance has no schedule of administrative fees. Further, there is no stated standard on which to base or determine administrative fees.) 2. Refer to 11.11.040 (4), Voluntary Correction Agreement on Page 5 I move that the word "not" be deleted in the last sentence of the paragraph. (With removal of the word "not," the sentence reads, "A party to the voluntary correction agreement may appeal such a determination to the City Council." The sentence allows a dispute over whether there has been a material breach to be appealed to the Council. It is noted that appeal to the Council was included in the previous version reviewed at the Study Session on February 27. No comment was made at the Study session to deny appeal.) 3. Refer to 11.11.055 C, Appeal to City Council —Stay of Proceedings on Page 6 I move that a new sentence be added after the first sentence to read, "Consecutive determinations of hardship may be issued at the discretion of the Director." (This additional sentence is to provide for situations, for example, when a person is out of the city for a period exceeding 90 days, or if a person has a medical disability exceeding 90 days. It is noted that earlier versions of the ordinance allowed for extenuating circumstances exceeding 90 days.)