HomeMy WebLinkAbout07/07/2020 04J Graffiti Abatement; Amending YMC Chapter 11.11 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.J.
For Meeting of: July 7, 2020
ITEM TITLE: Ordinance amending Yakima Municipal Code Chapter 11.11 Graffiti
Abatement
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
Joan Davenport, Community Development Director
Glenn Denman, Supervising Code Inspector
SUMMARY EXPLANATION:
With the transfer of responsibility for most graffiti clean up to the Clean City Program from the
Office of Neighborhood Development Services, staff reviewed the Graffiti Abatement Ordinance.
After review of the Ordinance, staff is proposing the changes outlined in the track changes
version of the Ordinance which include, further outlining the voluntary paint out program,
prioritizing clean-up activities in the event of limited resources, and providing for penalties for
those property owners who take no action or refuse to take action with regards to graffiti on their
properties.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
U ord redline 7/2/2020 Co'er Memo
U Ordinance YMC11.11 final 6/23/2020 Ordinance
2
ORDINANCE NO. 2020-
AN ORDINANCE amending the City of Yakima
WHEREAS,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter11.11 Graffiti Abatement of the City of Yakima Municipal Code is
hereby amended to read as follows:
Chapter 11.11
GRAFFITI ABATEMENT
Sections:
11.11.010 Graffiti deemed nuisance.
11.11.020 Definitions.
11.11.030 Graffiti Notice to remove or abate.
11.11.035 City abatement program--Priorities
11.11.040 City abatement program Request for assistance.
11.11.050 Appeal of Notice and Order to Abate Stay of proceedings.
11.11.060 Penalty
11.11.07,50 Removal Abatement by city Enforcement.
11.11.060 Appeal—Stay of proceedings.
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. The city council finds that graffiti is also associated with criminal street
gang activity pursuant to RCW 9A.48.105 and YMC 6.11.025 and that proliferation of graffiti
promotes criminal street gangs and criminal street gang activity. Such activity constitutes an
immediate threat to the life, health, safety and property of residents of the city. Procedures
herein authorizing summary abatement, following notice and opportunity to appeal, are
necessary and will preserve and protect the life, health, safety and property of residents of the
city.
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 nonexistent.
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. (Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-
16 § 1, 2001).
3
11.11.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. "Graffiti" means the defacing, damaging or destroying by 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 development and his or her
designee.
E. "City property" means property owned by the City, including, but not limited to, real and
personal property, trees, utility poles, garbage cans and dumpsters.
F. "Owner" means any person or entity, who alone or with others, has legal title to a property.
G. "Property Manager" means a person or entity who has a contract with an Owner to manage
real property.
H. "Tenant" means a person or persons who are renting or leasing real property under any
type of landlord-tenant relationship.
I. "Abate" means to repair, replace, remove, paint over, or otherwise remedy a condition
which constitutes a violation of this chapter by such means and in such a manner and to such
an extent as the director determines appropriate in the interest of the general health, safety and
welfare of the community. For purposes of this chapter, when the City abates graffiti under
section 11.11.040 herein, abate means only to paint over.
J. "Property" means any land and that which is affixed, incidental or appurtenant to land,
including, but not limited to any business or residence, parking area, loading area, landscaping,
building, fence or structure, or any separate part, unit or portion thereof.
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-16 § 2, 2001).
11.11.030 Graffiti Notice to removea bate.
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 five days after receipt of the notice to
removeabate the graffiti or the same will be subject to abatement by the citySection 11.11.050
of this code. The director may specify a period in excess of five days after the date of notice to
removeabate the graffiti when weather conditions do not permit the painting of exterior surfaces
or abatement by other means.
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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 appear 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.
If notice is served by U.S. first class mail, notice shall be deemed to have been received
three days after depositing such notice, postage prepaid, in the United States mail in a
properly addressed envelope.
C. The notice required by this section shall be in substantially the following form:
NOTICE OF INTENT AND ORDER-TO REMOVEABATE GRAFFITI
Date:
To:
The City has found that yYour property located at ,
Yakima, Washington, has graffiti in violation of Chapter 11.11 of the Yakima
Municipal Code. This Notice is given pursuant to YMC 11.11.030 requiring
such graffiti to be removed or painted overabated, or your participation in the
city's graffiti abatement program, within five (5) days of your receipt of this
Notice.
Within five (5) days of the receipt of this Notice, you mustare ordered to:
(a) Paint over or remove abate the graffiti yourself; OR
(b) Contact the City of Yakima Office of Neighborhood Development
ServicesCode Administration Division (ONDS) to see if you qualify to
participate in the city's graffiti abatement program. If your property is eligible
for participation, the city or its contractor w I-may perform the removal
orabatement by painting over the graffiti. (You may provide paint matching
the underlying color of the defaced surface; if not, Tthe city or its contractor
will use its own paint.}
ONDS Code Administration Division Graffiti Abatement Program may be
contacted at (509) 575-6101576-6657.
IF THE GRAFFITI IS NOT REMOVED OR PAINTED OVER,ABATED, OR IF
YOU HAVE NOT REQUESTEDBEEN APPROVED TO PARTICIPATE IN
THE GRAFFITI ABATEMENT PROGRAM, WITHIN FIVE DAYS OF YOUR
RECEIPT OF THIS NOTICE, the City of Yakima will paint over or remove the
graffiti using materials of its choice. enforce the provisions of this code to
ensure abatement of graffiti from property.
5
All persons having any objection to said matters are hereby notified to submit
any objections in writing to the Director of Community Development of the
City of Yakima within eight (8) days from the date of this notice. If you fail to
comply with this order, or appeal it pursuant to YMC 11.11.060, a penalty will
be assessed against you in the amount of$25.00 for each 5 day period you
remain in violation of this chapter.
If no objections to the notice are received by the City, the City will proceed
with abatement of the graffiti inscribed on your property without further
noticewith enforcement of this chapter and all available laws to address the
graffiti located on the property.
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2005-05 § 1, 2005: Ord. 2001-16 § 3, 2001).
11.11.035 City abatement program—Priorities
There may not always be adequate funding or personnel for the City abatement program
outlined in 11.11.040. When funding and/or personnel is limited, the following priority may be
established for service to those property owners who have entered the program:
(1) Single-family residential zoned properties and City Property;
(2) Two-family residential zoned properties;
(3) Multi-family residential zoned properties;
(4) CBD zoned properties;
(5) All other commercial zoned properties;
(6) Manufacturing zoned properties.
Entry into the graffiti abatement program is not a guarantee of service. If adequate funding or
personnel is not available, the property owner/property manager and tenant (if applicable) will
be notified that they are responsible for the abatement of graffiti on the property.
11.11.040 City abatement program—Request for assistance.
Subject to availability of funding and personnel, the city makes available a graffiti abatement
program. Owners of property within the city, and any owner who receives a notice issued
pursuant to YMC 11.11.030 to removeabate graffiti, may request assistance from the city's
graffiti assistance abatement program to abate graffiti placed on their property. Participation in
such graffiti abatement program shall include the following:
A.(1) Applicant shall sign a consent and release from liability form approved by the city
authorizing city personnel and/or its contractors to enter upon the owner's property for the
purpose of abating the graffiti. Upon execution, such consent and release shall be in effect u-n4i4
revoked in writing by the owner pursuant to the terms and conditions of the document. Any
consent and release may be revoked in writing by the owner and/or property manager and/or
tenant at any time.
B.(2) Applicant may provide paint, brushes and/or equipment to enable city personnel or its
contractors to abate the graffiti. If applicant does not provide paint, Tthe city or its contractors
may abate the graffiti. Graffiti abated by the City shall be only by application of paint provided
by the city or contractor. City and its contractors will attempt to match the paint with the
6
underlying color of the defaced surface, but such Miatching paint cannot beis not guaranteed.
The city will only paint over graffiti and will not remove it through sand blasting or other means.
C.(3). For applicants who have received a notice issued pursuant to YMC 11.11.030 to remove
abate graffiti, acceptance into the city's graffiti abatement program shall stay the five-day
compliance requirement, or such other compliance deadline established in such notice by the
director unless otherwise notified by the city.
D.(4). The city or its contractors shall not authorize nor undertake to provide for the painting .9F
repair of any more extensive area than the area where the graffiti is located.
E.,(5). The city reserves the right to establish, modify and amend its graffiti abatement program,
and to define by rule or policy standards of eligibility for participation, methods of abatement and
scheduling of abatement activities. (Ord. 2012-39 § 1 (Exh. A) (part), 2012).
11.11.0560 Appeal of Notice and Order to Abate—Stay of proceedings.
A. Upon receipt of a timely written appeal from the owner or person occupying or controlling
the premises affected, the director codes administration manager shall, within ten days of
receipt of said timely appeal forward the objection to the cit managerdirector. The 'ty
managerdirector shall conduct a hearing. The director or their designeecodes administration
manager, 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 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 city
manager director shall:
1. Issue a determination of intent to proceedupholding the codes administration
manager's determination and requiring abatement within a specific period of time;
2. Issue a determination of hardship; or
3. Issue a determination of termination of proceedings.
B. A determination of intent to proceedupholding the codes administration manager's
determination shall be served in the same manner as the notice to abate graffiti contained in
YMC 11.11.030. Such determination shall notify the property owner of the city's intent to
proceed with the abatementany legal recourse ten days after the period of time listed in the
determination has expired. issuance
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.
D. Any person aggrieved by the decision of the city managerdirector may appeal to the
hearing examiner as set forth in Chapter 1.43 of this code and in accordance with the
procedures of Chapter 15.16Chapter 16.08 of this code. Appeals shall be filed with the
7
Community Development Director. (Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord 2001-16 § 6,
2001. Formerly 11.11.055).
11.11.060 Penalty
Failure to comply with the Notice of Intent issued pursuant to YMC 11.11.030 may result in
penalties against the property owner. A penalty of twenty-five dollars ($25.00) may be
assessed if the graffiti is not abated. The first penalty shall be issued ten (10) days after the
Notice of Intent is issued. An additional twenty-five dollar (S25.00) penalty may be added for
every additional five (5) day period thereafter.
11.11.070 Enforcement.
Upon failure of persons to comply with the notice by the designated date, or such continued
date thereafter as the director approves, or upon failure or refusal of the owner to participate in
any available city graffiti abatement program, then the city attorney may initiate an action in any
court of competent jurisdiction to abate the graffiti, to impose penalties pursuant to this chapter,
to seek alternative remedies under city or state laws or seek any other relief authorized by law.
The City is entitled to its costs associated with enforcement of this chapter, including, but not
limited to reasonable attorneys' fees and costs.
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-16 § 7, 2001. Formerly 11.11.070).
Section 2. 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 day of , 2020.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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ORDINANCE NO. 2020-
AN ORDINANCE amending the City of Yakima Municipal Code Chapter 11.11: Graffiti
Abatement
WHEREAS, the City of Yakima has deemed graffiti a nuisance, and its existence on
buildings, fences, trees, dumpsters, and other real or personal property creates blight in the City's
neighborhoods and commercial centers; and
WHEREAS, the Office of Neighborhood Development historically has taken complaints,
obtained permission where necessary, and painted over graffiti as part of the City's Graffiti
Abatement Program; and
WHEREAS,with the enactment and funding of the Clean City Program by the City Council
in the 2020 budget year, the oversight and execution of the Graffiti Abatement Program moved to
the Codes Administration Division; and
WHEREAS, each time a Codes Enforcement Officer is required to follow up on a graffiti
complaint, they are required to do a site visit, and if property owners and tenants are unwilling to
follow the code, they should be penalized; and
WHEREAS, funding for the Graffiti Abatement Program does not always fully cover the
costs associated with materials and personnel necessary to abate each and every complaint
received for graffiti, so the City must prioritize properties as part of the program; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to amend Yakima Municipal Code Section 11.11: Graffiti Abatement;
now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter11.11 Graffiti Abatement of the City of Yakima Municipal Code is
hereby amended to read as follows:
Chapter 11.11
GRAFFITI ABATEMENT
Sections:
11.11.010 Graffiti deemed nuisance.
11.11.020 Definitions.
11.11.030 Graffiti Notice to abate.
11.11.035 City abatement program--priorities
11.11.040 City abatement program Request for assistance.
11.11.050 Appeal of notice and order to abate stay of proceedings
11.11.060 Penalty
11.11.070 Abatement by city--enforcement
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. The city council finds that graffiti is also associated with criminal street
9
gang activity pursuant to RCW 9A.48.105 and YMC 6.11.025 and that proliferation of graffiti
promotes criminal street gangs and criminal street gang activity. Such activity constitutes an
immediate threat to the life, health, safety and property of residents of the city. Procedures
herein requiring abatement, following notice and opportunity to appeal, are necessary and will
preserve and protect the life, health, safety and property of residents of the city.
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 nonexistent.
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. (Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-
16 § 1, 2001).
11.11.020 Definitions.
For the purposes of this chapter, the following words shall have the following meanings:
A. "Abate" means to repair, replace, remove, paint over, or otherwise remedy a condition
which constitutes a violation of this chapter by such means and in such a manner and to such
an extent as the director determines appropriate in the interest of the general health, safety and
welfare of the community. For purposes of this chapter, when the City abates graffiti under
section 11.11.040 herein, abate means only to paint over.
B. "City property" means property owned by the City, including, but not limited to, real and
personal property, trees, utility poles, garbage cans and dumpsters.
C. "Director" means the city of Yakima director of community development and his or her
designee.
D. "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.
E. "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.
F. "Owner" means any person or entity, who alone or with others, has legal title to a property.
G. "Private contractor" means any person with whom the city shall have duly contracted to
remove graffiti.
H. "Property" means any land and that which is affixed, incidental or appurtenant to land,
including, but not limited to any business or residence, parking area, loading area, landscaping,
building, fence or structure, or any separate part, unit or portion thereof.
10
I. "Property Manager" means a person or entity who has a contract with an Owner to manage
real property.
J. "Tenant" means a person or persons who are renting or leasing real property under any
type of landlord-tenant relationship.
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-16 § 2, 2001).
11.11.030 Graffiti Notice to abate.
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 five days after receipt of the notice to
abate the graffiti or the same will be subject to Section 11.11.050 of this code. The director may
specify a period in excess of five days after the date of notice to abate the graffiti when weather
conditions do not permit the painting of exterior surfaces or abatement by other means.
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 appear 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.
If notice is served by U.S. first class mail, notice shall be deemed to have been received
three days after depositing such notice, postage prepaid, in the United States mail in a
properly addressed envelope.
C. The notice required by this section shall be in substantially the following form:
NOTICE AND ORDER TO ABATE GRAFFITI
Date:
To:
The City has found that your property located at ,
Yakima, Washington, has graffiti in violation of Chapter 11.11 of the Yakima
Municipal Code. This Notice is given pursuant to YMC 11.11.030 requiring
such graffiti to be abated within five (5) days of your receipt of this Notice.
Within five (5) days of the receipt of this Notice, you are ordered to:
(a) Paint over or abate the graffiti yourself; OR
11
(b) Contact the City of Yakima Code Administration Division to see if you
qualify to participate in the city's graffiti abatement program. If your property
is eligible for participation, the city or its contractor may perform the
abatement by painting over the graffiti. The city or its contractor will use its
own paint.
Code Administration Division Graffiti Abatement Program may be contacted
at (509)576-6657.
IF THE GRAFFITI IS NOT ABATED, OR IF YOU HAVE NOT BEEN
APPROVED TO PARTICIPATE IN THE GRAFFITI ABATEMENT
PROGRAM, WITHIN FIVE DAYS OF YOUR RECEIPT OF THIS NOTICE,
the City of Yakima will enforce the provisions of this code to ensure
abatement of graffiti from property.
All persons having any objection to said matters are hereby notified to submit
any objections in writing to the Director of Community Development of the
City of Yakima within eight (8) days from the date of this notice. If you fail to
comply with this order, or appeal it pursuant to YMC 11.11.060, a penalty will
be assessed against you in the amount of$25.00 for each 5 day period you
remain in violation of this chapter.
If no objections to the notice are received by the City, the City will proceed
with enforcement of this chapter and all available laws to address the graffiti
located on the property.
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2005-05 § 1, 2005: Ord. 2001-16 § 3, 2001).
11.11.035 City abatement program—Priorities
There may not always be adequate funding or personnel for the City abatement program
outlined in 11.11.040. When funding and/or personnel is limited, the following priority may be
established for service to those property owners who have entered the program:
(1) Single-family residential zoned properties and City Property;
(2) Two-family residential zoned properties;
(3) Multi-family residential zoned properties;
(4) CBD zoned properties;
(5) All other commercial zoned properties;
(6) Manufacturing zoned properties.
Entry into the graffiti abatement program is not a guarantee of service. If adequate funding or
personnel is not available, the property owner/property manager and tenant (if applicable) will
be notified that they are responsible for the abatement of graffiti on the property.
11.11.040 City abatement program—Request for assistance.
Subject to availability of funding and personnel, the city makes available a graffiti abatement
program. Owners of property within the city, and any owner who receives a notice issued
pursuant to YMC 11.11.030 to abate graffiti, may request assistance from the city's graffiti
abatement program to abate graffiti placed on their property. Participation in such graffiti
abatement program shall include the following:
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A. Applicant shall sign a consent and release from liability form approved by the city
authorizing city personnel and/or its contractors to enter upon the owner's property for the
purpose of abating the graffiti. Upon execution, such consent and release shall be in effect
pursuant to the terms and conditions of the document. Any consent and release may be
revoked in writing by the owner and/or property manager and/or tenant at any time.
B. The city or its contractors may abate the graffiti. Graffiti abated by the City shall be only by
application of paint provided by the city or contractor. Matching paint is not guaranteed. The city
will only paint over graffiti and will not remove it through sand blasting or other means.
C. For applicants who have received a notice issued pursuant to YMC 11.11.030 to abate
graffiti, acceptance into the city's graffiti abatement program shall stay the five-day compliance
requirement, or such other compliance deadline established in such notice by the director
unless otherwise notified by the city.
D. The city or its contractors shall not authorize nor undertake to provide for the painting of
any more extensive area than the area where the graffiti is located.
E. The city reserves the right to establish, modify and amend its graffiti abatement program,
and to define by rule or policy standards of eligibility for participation, methods of abatement and
scheduling of abatement activities. (Ord. 2012-39 § 1 (Exh. A) (part), 2012).
11.11.050 Appeal of Notice and Order to Abate Stay of proceedings.
A. Upon receipt of a timely written appeal from the owner or person occupying or controlling
the premises affected, the codes administration manager shall, within ten days of receipt of said
timely appeal forward the objection to the director. The director shall conduct a hearing. The
codes administration manager, 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 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 director shall:
1. Issue a determination upholding the codes administration manager's determination
and requiring abatement within a specific period of time;
2. Issue a determination of hardship; or
3. Issue a determination of termination of proceedings.
B. A determination upholding the codes administration manager's determination shall be
served in the same manner as the notice to abate graffiti contained in YMC 11.11.030. Such
determination shall notify the property owner of the city's intent to proceed with any legal
recourse after the period of time listed in the determination has expired.
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.
13
D. Any person aggrieved by the decision of the director may appeal to the hearing examiner
as set forth in Chapter 1.43 of this code and in accordance with the procedures of Chapter
16.08 of this code. Appeals shall be filed with the Community Development Director. (Ord.
2012-39 § 1 (Exh. A) (part), 2012: Ord 2001-16 § 6, 2001. Formerly 11.11.055).
11.11.060 Penalty
Failure to comply with the Notice of Intent issued pursuant to YMC 11.11.030 may result in
penalties against the property owner. A penalty of twenty-five dollars ($25.00) may be
assessed if the graffiti is not abated. The first penalty shall be issued ten (10) days after the
Notice of Intent is issued. An additional twenty-five dollar ($25.00) penalty may be added for
every additional five (5) day period thereafter.
11.11.070 Enforcement.
Upon failure of persons to comply with the notice by the designated date, or such continued
date thereafter as the director approves, or upon failure or refusal of the owner to participate in
any available city graffiti abatement program, then t - i . i. i
. cf
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tiv-sr -.. ® r it • .'.. i.. ior i..- . .. i, i.. i- . i -., .,', .
li ® . t r . i .. ' i, t .
(Ord. 2012-39 § 1 (Exh. A) (part), 2012: Ord. 2001-16 § 7, 2001. Formerly 11.11.070).
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this ordinance.
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 day of , 2020.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: