HomeMy WebLinkAbout10/30/2012 05 Graffiti Abatement Program Implementation; YMC 11.11 • t A y. •
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT `/
Item No. `D
For Meeting of: October 30, 2012
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ITEM TITLE: Ordinance amending Chapter 11.11 YMC pertaining to
graffiti abatement.
SUBMITTED BY: Joan Davenport, Acting Director of Community & Economic
Development
CONTACT Mark Kunkler, Senior Assistant City Attorney / 575 -6030
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
This proposed ordinance amends and restates Chapter 11.11 YMC pertaining to graffiti and
411 graffiti abatement. The current code contains provisions imposing a civil infraction penalty of
$400 on owners of property that have been vandalized by graffiti, and who have failed to
remove or abate such graffiti when directed to do so by the city. The amended provisions
eliminate the imposition of the $400 penalty, revise the notification process, and implement
a new graffiti abatement program. Under the new provisions, a property owner whose
property has been vandalized by graffiti may abate the graffiti or may participate in the city's
graffiti abatement program. Under this program, the city will remove the graffiti using its own
paint, supplies and personnel. The owner retains the ability to provide paint matching the
underlying color. Owners who elect to participate in the city's abatement program will sign a
consent form to allow the city to abate the graffiti. Enforcement of the new provisions, if
necessary, will be through existing provisions in another chapter of the municipal code
(Chapter 11.10 YMC).
Resolution Ordinance X ) Other
(specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding
Phone:
Source:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Adopt Ordinance.
BOARD /COMMISSION RECOMMENDATION:
This matter was previously introduced to the City Council on October 16, 2012.
ATTACHMENTS:
Click to download
❑ Ordinance - Graffiti Cover Oct 18 2012
❑ Chapter 11 11 YMC GRAFFITI Amended 3 Oct 17 2012
❑ Chapter 11 11 YMC GRAFFITI Amended CLEAN 3 Oct 17 2012
110
•
ORDINANCE NO. 2012 -
AN ORDINANCE amending and restating Chapter 11.11 of the Yakima Municipal
Code pertaining to graffiti abatement, and implementing graffiti
abatement program.
WHEREAS, the City Council has previously adopted ordinances providing for
removal of graffiti, all as codified at Chapter 11.11 YMC; and
WHEREAS, the City Council finds and determines that such chapter should be
amended and restated to eliminate provisions imposing a civil infraction penalty upon
owners whose property has been vandalized by graffiti and who have failed to remove or
abate such graffiti, and to implement a graffiti abatement program; and
WHEREAS, such amendments include the following specific sections: section
11.11.030 is amended to state new provisions regarding notices of violation; section
11.11.035 has been eliminated; section 11.11.040 is amended to provide for a graffiti
abatement program; section 11.11.050 has been amended and restated to provide for
abatement of graffiti by the city; section 11.11.055 has been amended and renumbered
as section 11.11.060 providing restated appeal procedures; and current section
11.11.070 has been eliminated; and
WHEREAS, the City Council finds and determines that Chapter 11.11 YMC
should be amended as shown and set forth in Exhibit "A" attached hereto and by this
4111 reference incorporated herein, and that such amendment is in the best interest of
residents of the City of Yakima and will promote the general health, safety and welfare;
now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.11 of the Yakima Municipal Code is hereby amended
and restated to read as set forth in Exhibit "A" attached hereto and incorporated
herein.
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 30 day of October, 2012.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
41
Chapter 11.11
GRAFFITI ABATEMENT
Sections.
11.11.010 Graffiti deemed nuisance.
11 11.020 Definitions.
11.11.030 Graffiti — Notice to remove.
11.11.035 Graffiti Failure to remove Penalty.
11.11.040 e - _ -e - _ • -e - - -- - - City abatement program – Request for assistance.
11.11.050 _ . -e- _ _ _ _ _ _ _ _ _ _ _ _ ."'. . Removal by city – Enforcement.
11.11.055 11.11.060 Appeal to city council Stay of proceedings.
11.11.070 Removal by city.
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
S 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.
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.
1
D "Director" means the city of Yakima director of community anel-eco development and tat* his •
or her designee.
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-five days after the date receipt 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 five
days after the date of notice to remove 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 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.
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 TO REMOVE GRAFFITI
Date.
To
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 removed or painted over, 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 must:
(a) Paint over or remove the graffiti yourself; OR
2
(b) Contact the City of Yakima Office of Neighborhood Development Services (ONDS)
to participate in the city's graffiti abatement program. If your property is eligible for
participation, the city or its contractor will perform the removal or painting. (You may provide
paint matching the underlying color of the defaced surface, if not, the city or its contractor
will use its own paint.)
ONDS Graffiti Abatement Program may be contacted at (509) 575 -6101.
IF THE GRAFFITI IS NOT REMOVED OR PAINTED OVER, OR IF YOU HAVE NOT REQUESTED 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.
your own oxpence, to remove or paint over the graffiti located on the property located at (address),
four hundred dollars ($900.00) following this fifteen (15) day notice, and the City may abate the
nuisance cr ated by said graffiti, either itself or through the use of a private contractor, by painting over
paick
All persons having any objection to, or interest in said matters, are hereby notified to submit any
objections OF ments in writing to the Director of Community and Economic Development of the City
of Yakima within ten (10) eight (8) 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.
• e - - • • - - -- ' lease contact the City of Yakima Housing Office at (phone #
currently 575 6101) to see if you qualify.
A. A property owner who violates YMC 11.11.030 by failing to remove graffiti within the fifteen day&
- -- -- - - - -- -- -- - • •' - -•
B. If an objection is filed pursuant to YMC 11.11.055 and the city council iccues a "determination of • • - - - e_--e,"
- , - - - - - - - - - - - '' - •' - - - ' -' - I - - - • - - _ _ • •
within the fifteen days following thc issuance of thc "notice to abate graffiti," whichever is later, chall be
3
11.11.040 City abatement program — Request for assistance. •
Subiect 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 11.11.030 to
remove graffiti, may request assistance from the city's graffiti assistance program to abate graffiti placed
on their property. Participation in such graffiti abatement program shall include the following:
(1) Applicant shall sign a consent and release from liability form approved by the city authorizing
city personnel avid /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 until revoked in writing by the owner.
(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, the city or its contractors may abate
the graffiti by application of paint provided by the city or contractor. City and its contractors will attempt to
match the paint with the underlying color of the defaced surface, but such matching cannot be
guaranteed.
(3) For applicants who have received a notice issued pursuant to 11.11.030 to remove 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.
(4) The city or its contractors shall not authorize nor undertake to provide for the painting or repair
•
of any more extensive area than the area where the graffiti is located.
(5) The city reserves to 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
(1) In lieu of is uing a notice to remove, the director may exccutc a voluntary correction
determines is in violation of this chapter.
(b) The Street address and a legal description sufficient to-identify-the-pr-emises
(c) A description of the violation,
4
appropriate;
(f) A stipulation by the owner that the city of Yakima may abate the illegal condition(s) and
until the illegal condition(c) is abated-,--and
{h) e k
(3) The director may, in his - - _ _ • _ - • _ , • • •_ _ _ _ _ •_ _ e -e _ _ _ • - - _ -
been diligent and made substantial progress but has been
411
11.11.050 - - - . - • . • . • . • . 11.11.050 Removal by city — Enforcement.
be enforc able as a lien against the property upon which cuch nuisance existed.
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 graffiti may be abated by city forces or by private contract, and
the city or its private contractor is expressly authorized to enter upon the premises for such purposes
during regular business hours or at times mutually agreeable with the property owner or occupant. All
reasonable efforts to minimize damage from such entry shall be taken by the city. If the city provides for
the removal of the graffiti, it shall not authorize nor undertake to provide for the painting or repair of any
more extensive area than the area where the graffiti is located. When graffiti is painted over, the city or its
private contractor shall attempt to match the paint with the underlying color of the defaced surface.
Property owners in the City of Yakima may consent in advance to city entry onto private property for
4111 graffiti removal purposes. If the owner, occupant or other person in control of the private property refuses
5
to permit entry onto the property or abatement of graffiti, the city may seek any available enforcement for
nuisance abatement pursuant to chapter 11.10 of this code, or other remedy available under this code or
state law.
11.11.066 11.11.060 Appeal Stay of proceedings.
A. Upon receipt of a timely written appeal from the owner or person occupying or
controlling the premises affected, the director shall, within ten days of receipt of said timely objection or
comment appeal forward the objection to the Yakima -city- council city manager. The Yakima- cityseunsil
city manager 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 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 city manager shall
1 Issue a determination of intent to proceed;
2. Issue a determination of hardship, or
3 Issue a determination of termination of proceedings.
Decisionc of the
that thcre 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 YMC 11.11.030(B).11.11.030. Such determination shall notify the property owner of
the city's intent to proceed with the abatement ten days after the issuance of the determination of intent or
fifteen 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.
D. Any person aggrieved by the decision of the city manager may appeal to the Hearing Examiner as
set forth in chapter 1.43 of this code and in accordance with the procedures of chapter 15.16 of this code
6
® 11 11 070 R h., c ity
7
Chapter 11.11
GRAFFITI ABATEMENT
Sections.
11.11.010 Graffiti deemed nuisance.
11.11.020 Definitions.
11.11.030 Graffiti— Notice to remove.
11.11.040 City abatement program — Request for assistance.
11 11 050 Removal 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.
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
4111 to the landowner to abate the graffiti, and cures the absence of response.
1
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
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 five days after receipt 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 five days after the date of
notice to remove 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 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; 4110
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 TO REMOVE GRAFFITI
Date
To
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 removed or painted over, 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 must:
2
i (a) Paint over or remove the graffiti yourself; OR
(b) Contact the City of Yakima Office of Neighborhood Development Services (ONDS)
to participate in the city's graffiti abatement program. If your property is eligible for
participation, the city or its contractor will perform the removal or painting. (You may provide
paint matching the underlying color of the defaced surface, if not, the city or its contractor
will use its own paint.)
ONDS Graffiti Abatement Program may be contacted at (509)575 -6101.
IF THE GRAFFITI IS NOT REMOVED OR PAINTED OVER, OR IF YOU HAVE NOT REQUESTED 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.
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 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 notice.
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 11.11.030 to
remove graffiti, may request assistance from the city's graffiti assistance program to abate graffiti placed
on their property. Participation in such graffiti abatement program shall include the following
(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 until revoked in writing by the owner.
(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, the city or its contractors may abate
the graffiti by application of paint provided by the city or contractor. City and its contractors will attempt to
match the paint with the underlying color of the defaced surface, but such matching cannot be
guaranteed.
(3) For applicants who have received a notice issued pursuant to 11.11.030 to remove 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.
(4) The city or its contractors shall not authorize nor undertake to provide for the painting or repair
of any more extensive area than the area where the graffiti is located.
3
(5) The city reserves to 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.
11.11.050 Removal by city — 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 graffiti may be abated by city forces or by private contract, and
the city or its private contractor is expressly authorized to enter upon the premises for such purposes
during regular business hours or at times mutually agreeable with the property owner or occupant. All
reasonable efforts to minimize damage from such entry shall be taken by the city. If the city provides for
the removal of the graffiti, it shall not authorize nor undertake to provide for the painting or repair of any
more extensive area than the area where the graffiti is located. When graffiti is painted over, the city or its
private contractor shall attempt to match the paint with the underlying color of the defaced surface.
Property owners in the City of Yakima may consent in advance to city entry onto private property for
graffiti removal purposes. If the owner, occupant or other person in control of the private property refuses
to permit entry onto the property or abatement of graffiti, the city may seek any available enforcement for
nuisance abatement pursuant to chapter 11.10 of this code, or other remedy available under this code or
state law.
•
11.11.060 Appeal —Stay of proceedings.
A. Upon receipt of a timely written appeal from the owner or person occupying or controlling the
premises affected, the director shall, within ten days of receipt of said timely appeal forward the objection
to the city manager. The city manager 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 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 shall
1. Issue a determination of intent to proceed;
2. Issue a determination of hardship, or
3. Issue a determination of termination of proceedings.
B. A determination of intent to proceed 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
4
to proceed with the abatement ten days after the issuance of the determination of intent or fifteen 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.
D. Any person aggrieved by the decision of the city manager 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 16 of this code.
5