Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/28/2008 00 Agenda and Packet
0,� David Edler, Mayor r r . 2 Micah Cawley, Assistant Mayor k )5 Yaklma Kathy Coffey . \ �,' Cit Council Rick Ensey Y Norm Johnson \:,,.::' go \� Agenda Bill Lover 129 N. 2nd Street,Yakima,WA.98901 Neil McClure Phone: (509) 575 -6000 • Fax (509) 576 -6614 City Manager Email: ccouncil @ci.yakima.wa.us • www.ci.yakima.wa.us Richard A. Zais, Jr. Anyone wishing to address the Council, please fill out the form found on the tables and give it to the City Clerk YAK MA CITY CIU1CLL !A IJOURL ED i�1EETDHG / STULIY SESSION OCTOBER 24 2008 ® 8:00 9:30 . •ryl• COUNCIL CHA.` •fLRS © ¥ A Kir:'1,'I CITY HALL 1. Roll Call 2. Yakima graffiti program abatement and enforcement activities 3. Audience comments (9:15 — 9:30 a.m.) 4. Adjournment to November 4, 2008 at 8:30 a.m. for Council Budget Review; then to 2:00 p.m. for Council Business Meeting in the Council Chambers at City Hall Yakima bgbg City of Yakima Vision Statement: To create a culturally diverse, economically vibrant, safe, and strongYakima community. III I I Adopted March 2008 1994 Graffiti Study Session October 28, 2008 City Staff: CED — Bill Cook and Michael Morales YPD — Sam Granato, Kelly Rosenow, Gary Belles PW — Chris Waarvick and Ken Wilkinson Legal - Cynthia Martinez Invited guests: Municipal Court Judge Susan Woodard Yakima County — Ron Zirkle, County Prosecutor, Ken Ramm, Chief Criminal Deputy and Jared Boswell, Juvenile Court Prosecution Supervisor Graffiti Gone — Nathan Kwak Citizens for Safe Yakima Valley Communities — Carol Holden and Mike Morrisette CDY — Sean Hawkins Linda Iasella • • � . ra — , -� e _ - =.f . Alb S,T.� . s.._ 1. r _ .1RZ 1 1_ . - .\ +fig ,. , j s ti ® s '" �- N ; #. `' i •� ': 3 � '-•";"'-'•• r o f °"_ .�.n�, ^ "ice , vt ti p E. - .„1 --- ,:.,' , ‘:•,,,-----..7---- :: '1:: :, ,� _ . :ate . .. r... t � � {; is `r y ;q.. . "%, 0 ...'- 7 . -. . • ..," - , _ '. • '. , .„:..,' ': 1,,, •,0 ,T.,,, ,.., ,, , :: , , ,..._ ......„0 „:... ..„ 3 %Y _ . S _"r - • -fi �-�-�- ;. ,.....•.,, .. ........, ..„.....„.... ,........... _.. „...,..... ... _,.... .. .. , .,....._ , ..,..„„ ,,:...;.:4_,.„.. „i .„..,,,,•.,_•,... .„,„ .„,„ • .... _ _ . z ".„..,.] „„,,,,/,,,,,„„ . _ .. ,.......,..,.... . _ I f Graffiti Ssti . 9 ass A 0,1 Oc$&tr 28,2003 • Graffiti fcs* It costs America more that $8 billion per year just to clean up graffiti. It is a common misperception that most graffiti is done by gangs when in fact gangs are responsible for less than 10% of graffiti. _,.._ Graffiti vandals represent every social, ethnic and economic background. Suburban males commit approximately 50% of graffiti vandalism from preteen, Fz ,--, to early 20s. f S1 k, 1 k■ . , , ' : : , % ■ - ‘ 1' , / F.' " ''''-'-}"-' There are four primary motivating factors for graffitiWaridalism: fame, Le self-expression, and power. C -4-- -1-, ,-1_40------ * Graffiti facts courtesy of the O Web site ..,..,,___T,--v'rx„,w':*c _,. , ., ... fficial Website ofe'City of SamAntonio .-, c > .._ _ - C ' G d its AV What is your department doing? Take graffiti complaints over the Codes Hotline. Through the action of the Community Review Board, process graffiti cases when combined with other property code violations. At what cost? . 17 FTE * Hotline was first implemented in 1999. Coats con 0 ■ �u/( • How are you succeeding? For the years 2003 -2007, there were 1241 graffiti complaints called into the hotline. Through this period, only one citation was issued for the refusal to abate the graffiti. The case went to municipal court and was abated. What would improve your success? The Community Review Board process works well but is slow. Investigate adding graffiti abatement to our citation authority to speed up our ability to achieve compliance. N ` T ,t 47- i h h Y ' ' [ ,i Uc w fi e. : * . t y h �Y% y ,1"'" A t 5 !'' y : ^yi , � .,_ . ".. 'L ,-, wt t_ s, i • r s.. 'w ' t` t.. :i, " �' � <�., .. ri ▪ �^ t r "F } •rl �.,t. 3.. w • x. f , "Y•y'2.Y - Yw - 3. # w x c : ▪ , s t. 4' t.. YX ; . 'k l �4l -+A r `t4 � !V` J v.�� �:.r' 4�1 Jt m e r_. . I }f` t 1I A t .. . x!'�J i tie?' 'l 4 A ;,t' "R • � �y" n.a E. - 1 a r k over graffi r in g ,� ▪ 1 a t ' yfr y t f :'1,7'-'7:::.-----,.! e g; s g d pa �?� o 4 �_. . 4 Y ; a County and o sources: r p ro P r i T d � , , ` , r . ,ire ' ."7..• ,..- 4b a ' :, 1 ' 3' k fi �g .y , ., a ' a ; 0 t - 1 8 '7 y a ntoYI Ea c o' 4. = pe , r � e n sl , n e e � : sr F 1 �# h °t � e � h i cl e r ; `f o r " vo l n ee s. � t . A.,,'‘ k , p, .y ▪ 1•.":".;‘2; ` ,,. S r � Y F � • ti +i '' • -I L :':4 1 � 1r ''- jL P - f a s5 .r `s.,s 3 r , r t : t ' ` tit s ,:', S t : fi r r .r.-5',:f 1 i Z' ?,---71).,,,, Es { .t: n ? r f a O N D w o � r ks'� r ri m a_ri I " `fo! T re i s a a . 1 b e a �� y s dential r o L k p p rope' „. in ; I� t, '' ' ' ,sz r all , d t o to . 3 t - t ; .� J 1 S IB , ( r `t • ° tr 1 z K , . ry e * , c ^oe , n eighb a �t ta ac h e d j 'i a 7 tl I .J' `_ Y _ F ` tom.. N � R i i t.,_• . Y & r t 1 y { R .E+. P ti.'v j 4. < � N �, { .3'.f } ..a { t r+^- r� 4 'i, rt " rL pc r.� '.�", ^`�"" y r Y m k yt t.a m ;4 , • w ( te r' '' "3, � j g ,.,, ' .,� ' p K i'i:'{" r `,, r • - k s i, t t ,y .,• { f a 1 ° , m t:; a p �.i< N-$:-.1!'..'...."1',"'!:,F,..-.,-,!---v:.:1 ' : 7 i( ;: x"' f` t 'z `BS•- w $ ;. A r-,--T- `Y,. F- F.' �.r a ' " ° ' • : ' sF r • "�v t',,,, a -$°", a`y' f '�'.� t x' : „s y 1 $ ' 'k' �y h a 5 y GS A ° -- ,< s f .? _. , F - �} 3 ::'''',"7, ` t _ a ' YG • • o. a ° g 'h a r _ , a,, . ..".,-'.:-:.%-','" s 7 N * P h'," • 7 ' °; ,c w L .' (`�,y t� , v _.�t,. J : -: Via.. w t,•»: �` F t ., . t a', < _ xe � � C S DRAPER RD F > DAZET RD Ly w HENNESSY RD N .2ND AVE o m 6 l 1 0 , 0 0 p6101 STAVE 6 N 101ST /WE PEA' AVE ° O N99TH AVE S 8TH AVE 0 ..\-- N98TH AVE O 596THAVE • ! :: D ' y N. AV •AVE 92ND AVE ( 591ST AVE � TAVE I 590TH AVE _ S907HA VE ` L-11:12=11 N 89TH \`\ _ HA S 88111 SBBTH AVE A SBOTHA ��TH 'E EHLER RD � VE 1 L_vE S8�7TH •L NBfi N A \ ul.E.,,z "at Q r,, n E 584TH AVE S AVE \ lir N85TH VE �i"7L " A 5 83RD AVE i 5 83RD AVE S8 2NDA r 5: STAVE 3 S82ND AV ED N82ND AV' o s m S 80TH AVE N 80TH S 79TH AVE y "� 1 VALLEY WY N80T AVE 5 N 79TH o g z if . r6 5 g 7T A i 0 TH AVE g rG � n v 9 ti g EC 577T 578TH AVE � n ; S H - P � �.y� ' � N]BTH AVE 5 74TH VE v 5 75TH AVE 76TH JADE P ]4TH q m PI A TH AVE 3RDAVE A v z 1 ; F, Z '2ND AE E e: NRNDA tl• 8L • " Si 70TH AVE +� F O • A a i l' . 1 -" ;; � ° O 57� R�� � ��N7 0TH AV Z C ° N D r p • '�'I 3 B g 7 N 4 c O NN y F, PICKENS S a 6 9N 'Sy F Er �� A � � N68TH AVE ri 16 o , v PICKENS RD 587THAVE N a .^ 5 88T AVE � 568TH AVE •I ' H' E 4 tilrE i H AVE L9r71 //4� •, TH : '� W IS= e nd 1 5 62ND VE Pm VT Wx .• • E o N•� y S60TH AVE — R �C E M 59TH AVE � ��� ' N BBTH nl .4R ,� LE RF7 0 S EL 1 U • y RKP �� z 'N 10 lip S N 56 AE - 61 m • j1N309 Mr= 47 "TH AVE .'z = 51T E - I F " ■ y ° S•3R0 AVE w i C• i F WINDCREST DR Z ~ A r n° AC RES P 52ND AVE ! Atl Oy9S ; LUM LN "NO • � Ell PE ; LN OM F2 , 551ST AVE 2 S AVE g IN, O SSOTHAVE .50TH AVE 11., S4 - 0 , HAVE 8 �- , � 546TH E Z AL H1IMIIIr L IL • N46TH' �'. oi rinig 46 TH AVE r ? 1 O > �� S45T�— N45 AVE Y I� ��� N ���• �VE OA ]!C C •• 54 .A. S43RDA E i LAI v 'a S42N0 AVE = 0O -, . 42ND VE O �� 1 R v • gP� > { 542ND'VE ii�� Fk N a15T AVE p "' m .. 5 4 N SIST AV < z 1 5 :8TH VE m Ir.. „ ig 38T m on N38TH VE HA I 537THq z F 5 H -_ S 3]TH N7T Z . / O y S 7TH Fall= Fall= . A TERLV. 111 A CH. O / A E v Y O �j , ■ 9 F II • 36TH A O ` 9 . V HIPA V a� D � z _— „' e'Il . 1 34TH AE < • s _, -- 33RDAV- RD AVE rO 53'�• V:- �.�."bI©• I N32NDA E v S3i STAVE 41 1 - —1� �E m . 7' o I I HAVE 3 0 =AVE ° d N30 H E S28TH AVE - AV M OTH AVE A Mi� KAR �: THAE . ■M1��tl N 28THA r .� 5 N29 �LSlli►JL` BTHA 52 _n SM N28TH AVE 7s •:TH'V .. 526 AVE 2 HAVE RN IN® y m ©in N27TH AVE �. -6' ■� w _ FM AVE R D k F,, _ • � m 1A� O 2 . E 1111( � E� P.1 P.1 25 THA !fi 25TH AVE � J l ���1�1Z1�1 7 A [[ p � �e�E� L3 F m ' N: ND R C.•��i 3l� . r. N 215TA N 21_ �. D m M�iiia... „,-_ — E m A i 11 AV11HV. ,� IRO •e '�=��� �,. N B THAV : 111111111 II�L "�l11:114fti t7. O � � N 1 8TH � a _ 516TH E �� � � '7rr 11111 N 1 6 AVE O < ■ �1, .. WWI d�..� \i. .LI.4y.. . 5 5TH AVE III r 2 I7 ae ..JI ai iii Iwo, �1� m 12521 - srr�:cycu:r:>L�ra ' r't•t 1 � © dti<i�:lli� IL,.�Y4Er Ir Lp'1 H 512TH AVE IG fl ARIL a aum P EAS TAVE ♦��C.aH y II 511THA '� ' 10 ' �r�' l��� -r1D` i -�F'71 ✓0t��i,!if j„,,, A ! bC � - .` TT �I i p,,. 410 S.. HAVE � E O ' �� �= t.. - -a1e�1 ' •e e.��` ��M� I. 1�� f' ^\ \\ V?/ • or slo ma � HAVE ' I77����� i.�1.�'���0� :(54 \'� 'C 0-� 1 \ If <0, GORDON RD ��� �������� FT's ' ��F.,� �� ■CEL171i� 4 ) 111 ® ' 1.1-111,1-F71'�"!� f� • �- .• ' E1kl l ' E' /-. 55TH AVE �� . TH AVE A _�� _ �` ..4•.-N. /��y �.. = L �® Jo' � N• ' --- A 1-= 53130 AVE 1- 1M\ZM= � ' �I � � 1� iz m O ly L/ s1 s1sTAE -��- � �1♦' r � y1s\ sn • Intl 1 '� r�1� -�f: - "d � � ~ : 1® -. tAND. ��11� t % „� ��.1 ° 1 111 GOODMAN RD V 4 Mr,. 11 y O. ©�n ' � i � I�rj� \� z NI- 0 - 11 ....1 41111111 111 L1 1. 4 . 101: , ,,ATIA0410 .4 . - 0.#2.,A0 r i ; 1 LONGFIBRE RE _ - * ��� ". � . tom 1 y4 op A i MARYLAND. li., . ∎ •∎ t � ✓ Y Rr l 44.- ' � � 4.4 .. A I� - i�'�� "• �Pn "v�. F � f �•� =�C BAY ST v a `T `{iIP! " 1 �/ i.1 •+ ��.. A y 511TH5 y y i i di -D 512H ST � � T �Ca'1" C �. - S 13TH slag, A . x ti N 15TH ST OW r • ; 514TH S T HS ME " -y d 1 t / �Cl 111■■■.■ i % MM O . 17TH l A .6 [[ r �� 15 m S 17TH ST ® 5 17TH ST / 9\ . HALMERS S � � _ y' � L�C%7 S1:TH ST M a m ;; ' z H` �� o�S a G.M \!ia_� 4 � l S19® m C 41 ■j =- ©' S20THST " ” � :, RO 1 / D en y E � BU R ELD RD WA cIPPfil Z5 1' VICTORY LN y Ai lr i a at"''' - 1KEYES RD A 4 - / P I , li, ! ( ) � 4 m ,,,,/ c- .., Ay' _ ,31 r." N z 2 N h1xwhG cI D n o 0 0 Graffiti re - at what cost I n 2008: $2,000 of materials and suppl :` , .. .. 9 totallh ° hourxs i' F volu nteer = F l a boro .I _ 1 FT ,. r '� .. 1 I ,:;7;..,.4:,,s,.>,-,;":- i o .. A '' p„ as : • i H .4 Y� h" .' x ''''- s'f^+, z-7 :: >' ,, {t 'J : 'u , -. t - .''r -ry. Q 1 ..t • ' • , t - Yfi i. a x.'F" -. `4 3 �,� Q:' i r t, , �• x —s w-t t r.� 3 , j . v '4,44 : .,a , "' `: J ' 5 a. i +,.., �.. ,,,, a•,,t • ., *+ .. F` ` _ € . . ak , }, s . p . „ a t74, ;. : . ..n' ,,,i7 =a:'.� . s ` ' ,� x b c ^r f .t'n . w z , $ S. y ,� a 'n p -'' .:.ikt.. . ` 5 r `e -'c ( • , �, X '� s F ; ' y !1 . -. I } a �, �. P . ( F k� ri5 �1 � - F S. .. A � h FF Y F � } � Y ': J. " � `��� � a � � », ..s- - 4; t � , a. "' ' # . ° • 7L � a 4 �' t ,7 1' A; ; ; 14, ,, ,,v . �.a1* xT ` �S r' ' b �, :,ry % ' - t x, . '., z r ,, r f a h .m> , „•• } " =, m.,,, -" ; �`. i=' -i.� , ;.: e 5�'._ � r�.�> --4. a,. ,3�,.. & sp , r y,'LE , � ^2 r fi. :F{ .T4 ° 7 .., 1i.. {' 1. ,.- ' • q, *- , r? ! "`\ .. Y „ 4 x a�- p. , �"4 i { - . f ','+, ,}` t ' 4-1 � `' , •l. F - ; t3 �. ' '.. ,..1,-t', v �t : ,f4.';`;‘, � 6 ,,h T _i s ,T - .y _, t . i 1 F A `.4 . ->: ' _ Y' .;�._ ' . �' . fit t a '� r r .h +� �' 8 ,. c ° V ' s . h " ..- t _ ; l ” _ {, 1 *' y F . . � 4- �,.`- . • .I..„,.-.; ■ ,t., „. �__s _' .r?` u� �. _,,_ - -_ n,._- _�" _�.._ f , �� ..�.. _,._ ._ _ 1 _ - _. ., .,_... w- Nr`':; t 2 �.'&:i � >:.`a .. ONDcGnsInud How are you succeeding? 'ate- "'.;� ^ z a K � , ' v r ' `�'^. 4 e?- y "� l -a - - r -t • I � ° 2 0 0£ 8 ; ° w e ex s ec t to pain approximately 1 locatson * ., t xus�i� gaal�l of p a =i and 6;500 volu Meer ho . z. c,„.., � ' ;. - , 8 3. er g - . - ... < ,�' i � 'S'" • '' � ` � F Most I : catio n s a re tar o n rn u I j � �I o c c a : s s io�ns s J a 0,,,,.;,':„,- , : ti .. . _ z " The `` leve l of r a , �i ;t i o�uf : f_ 5 � k j� / �' ,'J� _ ommunity is not de , Ho r� -- , ' a T om ` f • � ,J L g' �,. f , , .� Y t . t- to • . } _ : " ,,?.rwt _ O N D S is a t � } s respon ore quldkly : t ha n in th p a st s } o o h �Y ,, t"41 . Y, a e • '<' W ap . � P^ Y .'.+A.'"( ' S`:-»re ,. '" i ' u r " � a tc _h " i s not an ideal solutio `' i t i s e . con or`nicaalan d ;" sc o ue rs t h e problem F * --7' r : T} ' °�.. �F" . a ss, . - 3: * - -... i ¢` 4`°` 1 � �� � X � 44 ��'�'� Proper oywners "are �� e�com,ing m ore fru�strat ire ea r �4 �� E , .. - . R, . � . nom' ,.� �.• n :' p �,, instances of ra ° ffiti,�an d acre l�e�s�s IikeI�y to ° d � ay�to tike care P , ;� .' i, ,� . 1 r < % c r s i r + "',` = ?..:.c_ a ct 'Y ..r - " - "x'� ^S'":�-`k.. a �� F ..� °f ill' , probe- �s �Sr F.- � - .. : t��� y fi � n -,F -: - a .at .,, ' 5 d fr -a- a ' „' m. 4-. y -q. -r ,.<- ._ �,,, ' � � ,4%"4:::.: 4 v . "°'. `i.- �. A �.«, « � s �.�. ,�. -..��: raw .,. � �nt�.`��.... --, i� �:ti�b•. ..3�,�. X � , n � ��.. ,v = �'` +$: �' . :v,,:, ' b " , k X'' e � - � i;.�r.- ,. °' . . t s � - - . � `` a � ,�t�� 4 �_'.. - " x . ® A O N e W hat .would irnprove your succ itt Reinforce responsibility of property to paint over graffiti on their own property. Concentrate volunteer work on city alleys. 4 t4 { '"' j l F AISSIC -L„ SP,RA r 4,00 PAINT � a©o 1 k . . ic 8 1 tp ' - ' 111 ' S public Wor .. .... , „ :.,.., . 11 _ ., rt _ i me-int ' doing? f ali, the lir 1 J \ / i h a t l J _.., eP the da 1 t 1 — -. ' ::"; _ 4--- , __. . : "`-k4\-:;''''-'47;;':.,.'4,1■44`1-,41-k...fa7-47' j'4';!.4,\''''-`',:- ' ' - '-'-' ' .. - -- N g raffi ti • Removing '-':-. :":;;1)::;‘, -.:.:i.::.:,IL::fttit.•-t-:LC::: .77115 ll-T: parks __ , bus sto ti from ..._., LV 1, , , • ' .„ ; ' (;::;:. RI - sig nals , ....._ .:,.,.,,..„ sig s treet s i gns & s 1 . '' - 4 . . ., , . . . . . .. .,.., - r ' ,.,, , l,, ' ' ' - "- ‘'' -;-'"' .- . • 1 !. and refuse ,_ e bins . t I ■ r ' 11.'4^' . r4It' ;i. . - IL-745.6111 i {k,I.: i ,? - • : i ` — e ''' w t (-__. -1 At Im ' I cos - J • • t;# i.w. „ ,-•i. _ , -,- , • :1' 41,7"7 7.7L' '..1,1. . 'Z''''Vt•Al P'.'"..1 ..{ l' • - 50 -, , ' .''. _tc.F. . 4 • . - — 'CA '' ' , z, - :• . -,,,, -. itv,tz- ,,,_-'',4:. -.,: - ,k . Ap proximately _ mi,..1- :,,,„, ,-..i.-.:-..ir.,,z- ,,irlf, - _•$' ,- . ,- -1,.:-: -, ' -.,-,., . :=„,.! .'•%. : _,.::17,,,,,,,,,t.,;•- ,,,,,,:,,: , .,,,_ 1 .... • .. • 4900 man h 22 000 :::ii• A °' ' , . s $ ho r & . ....,, 7 ''''.. . - '"- ',1;'".-.:'*,1:1.,:t-if.--,:'_:? ki r , , : : i ... , A . - ... I' : -1 .T..*-?' ; • - 'iii,,14.2" ''.-'.''t f ..,. Lfl-3-•,, ; i . -'. • . . . . ., annually. 7 . ,._ ..... r, . , ... . , . _r „,.,,... • . rti.4 - .1Ae T:,"'\.,:: , ..s p cl •. )4( .,....„ p 8 CO ,, •tii - • ,,,...e Howy are you succee - ? Our response in is i. In other areas, the need. wa What woould► improve yO UJr' success f T ranng on best practices. als Dedicated crew it h equpment and matei to in i city and it i fr ., 81 ,7:. 0 f gra fh li . -. .:-.:: "' "' - x A' yea t ?say ! ''fit` e _ .,. -� ., 4'V. I , k. i ii..,;. • ,. \ 1+ • r. � Ems. 1 * re'. i . 'y ' :' .. Y a 1, jri a oJ t t What is your depart ..en ia --,---i,,,,--_ ' , ,i doing for an'-graffiti t v g � - H ", # .y s so r t efforts? ^ -' t 1. Prov alternat to gang � ... 4 F fi � � involvernerit �� ��' a %� > ` �{" tip l s� ,,, . J 2. Graffiti enforcement in cases . .�7 of crimes in progress. 3. Investigation of graffiti cases. f , a 4. Oversee trustees that paint out graffiti utilizing a $10,000 grant. ° ., AC.d 1 3`.,ffi��$ t * t"m-'f a ( 7 : ,„ _...,...., . A * t; yr 1 cowl-Anti 444 4 , 146-',s,1 e r iik:: --- -; -- -7.):?.,c 1 ,i,j/11446 we t oill'•1 At t t $ 1 0 7 0 0 CO- El wha --' --.-' 1 FTE :. :: ,,.-4 ,7,... - .... .. - .,: - . . , . . - 0 • gran- t and • ... '''''- ‘:. . , dMg • ccee - - -'• 1. you decline. . . . Ho . - re HOW are. ' i ° . is on the of all graffiti g ra ffi t i Is , s-u,_,_ percentage • Gang perce "Taggi is a rising • "Taggl arrests I gn 2008: 6 g . . ct . convictions ns • Out of 86 graffiti arre iii convictions adult co . juvenile .- -- . - 6 ad 6 juv - approximately ,,, p. Yakima Poliet Der artrrt conicint/to,_ „.1 T irEt What would improve your success?. •Change state law to allow more aggressive prosecution and tougher sentencing. •Reopen the County Graffiti Pod. •Continued use of trustees to paint out graffiti will require a new funding source to replace grant dollars in 2009. 7exi , e fi r °""t_ r What is the department doing? Prosecuting all criminal any': contested civil infraction graffiti related code violations. At what cost? Legal Assistant and A ttorney wages equal to °05 FTE. a as Y t W44 Lev Der& Meny cv„.-43 a _ How are you succeed A sampling of cases reveals we are obtaining convictions but defendants are not paying restitution or completing court ordered community service hours. What would improve your success? Amend state law to establish parental responsibility for juvenile offenders. Better system to track and report outcome of prosecution efforts. Reduced legal assistant and prosecutor caseload. What is the. City's current total • cost* for managing graffiti? • Total estimated hard cost of graffiti removal program in 2008: ** $45,069 • Total estimate nurb of personne � � „ 3.1 FT ES .. _ »;� S t c .. F E a'8.ti -�9 ll r..r t _ a' "- .x _ ._ s ' - w -,7 R N c V Mt , 5 volunteers £= per day Total e'st�lrna ho l .\ 44, �. IV 17 2 82 a s t: $ ar c , * Hard dollars + personnel /labor t • . ** All sources • , •_,-,- ,,, ,,,, ,v,.....--; ,....:_ ...7"4„ . d o " _ an w e d, Vj hat M 0 r e C It , . ..1,T.2 ,.-.; -ft Operational: --- , t'Better tracking system 4 wt • ^ 3 =5.3 Build graffiti protection into new capital projects 4.. ,..„.„ v - ..,,, ...... 4 .,.- 4,-. ..,-,-. ." • it -4-. Provide matching paint and not labor (ONDS) . .. _ ... ..,,. .t., % '-• 4 ,..,'-ii Refocus ONDS on alleys in target neighborhoods Pe rm a n ent assignment of people, equipment and resources , t- ,.. , .4 to clean public R.O.W. and buildings — at a c ost $160,000 . -,,---;' . -. - , EnlOrCeMent. ' Greater control of paint sales • ..tt. , _ • .,.• .--'' ' _ , - Advertise successful arrests and prosecutions ..e. A ` Hotline and reward program k... •,'"-- -',? • .7 - Vs‘3... ''s....` .-- . - • --t- ...., ilkl„, 1 . secut Ha =,- _ . 44 Proion , old parents responsible _44_,..„-!„,x- - , . - , 7 , 7 • 7, M ake a victimless crime . . - e. 71 '7 „. • ,.., - ..7 , , 77.'A-' 4 17'%.27, 7, _ - :. %A", , 44 0,?•„p4 '3 ..« , - ,,' .';",,-3:+•-■,.,:",..,-3.ri-I, P'-' t . : ',. . -1: . 3 tf, ', . '- : 3„ ,? ,-, „,- -. 0 ' ,Ii= - ...":.,,,P4 k ' 3 - - , j.,,t,g14,:t-,i---.:;',:-, `..:%.,'.',::':,... Ilc, '' ' ',, , ' ,.. 4 k•;<; ' ? -, t 4- 1.. - 0; ' ' 3 " mend state law on sentencing • ...- .„ t ,.. '," , - ' - - , ''.'" -,-e 4 - t.," :Jo-, ,-, n.-,,-0— -* ` "- • 31, "1. , 3 ,--- ' 3 .s.TiF •- 3* ' -''' ......,..".„,- „I',.;,•,..-• ''`- `-■;‘%, .,,',. . 4• 4•■ -,, - - ,!'''..*. 4 0 33 _ ' ',.?"-- ' t 4 , .;.',-,' '''‘ ,`"/' V , • . ,• - ,1a.N. , A113:.,,i' ---; ,.% ,pt.,,.?;,_,s,.....:y:.,.?,,.:•'-f.14,4:.,3r::,7y:: ..,,,,, 4 ,_,...-',,,,,,..,,,,.%•'"”;;::,,-4,,y,,,,;," - .._ - ,,.....,-,: - ..r.•,,, ,, , 4,,,'" 0- ::!.: - .3,!,-- ..,.'-..•'' ' 3 , j 3 . - ,. ^- .... ,-. 3 .- -` - '• ',.i1":?.%11%‘ `-'?.4'-'4',,}1.4-J-,,,,,,',Y,•11,14%'^-,7ae r „ .-4 4, . 'I - 1, , ,, VC,. - ,;..„ r.w.-- , 4.- fr,',...„a 2 V,.. - ,, , f , .,.,„(A 1-- Y - 5- ,: ,,,,. - .4 ' , `-' ''''.., ', • • ''' - : , 3 ---4 % - --‘-' ' -, ---- -" ^',..3 .... . , 3X 3'7" `'` .4.. -f• -- .2i ,,, t.'... ;'''', '' • ^.. . 3 , • ,, • _ , - . ',- .,. , . , , n_.V." „,:-,.: • y - ,„' :4 ." -",..„* ''';', -„2.72. '-;''- -''' - - - " ' ' "-- '''' -- .4 :.-- " - r,.C..'"'" .04 -.44 - " I V:„53,-,17.1,-"'ilm:24 4 : rv: , :_ - :: 7 ". 4. ..- - o' I:" ,--. - 2. • ' '-‘"` 2 - - - - - ' ' - - e."'„, 61 .`.. 1 ." - 171:',...4-q-'" - -"" - ,.....* - . ..-- . iCi,"~.... ...":,'-`- ic'.k" ' '‘, -.- ' -.'" -- - .„? -. ,•`; , - ".- ' „..._ *2,.. ,,...,......e.e...-_-_,..„--2. ___. ,.,2,-,.._ -• . .2_ . 2. . - , _ t . , ,�.�.... ,v. � m �..u....._. _�_ . .... _..,,, - - ,.. � _ ._. _ _ ,-- . -�, �_ y „ _ _._ ..._ • ,. _".�. ,, _,._. more ��� �� And eVeal. We 'can CIO .. . =,, c Education: ' �` , Expand co p ro g rams for -,. , __-__ 'r , "fib � .. _ ., y... _ Businesses selling paint ' 1, r � qr Pa " F 'k , 4 . y Businesses and property-s.who are hwith graffiti Chil.dr and young' adults _ •yx, rY iq ,.y,,, , *n..q:*. -.'+vim r ;•. �£ -. s y '� iY ` {4.• i is y '• G' '' .. "Funding �` \ .p " I �de nt'if a nd establish afrn ded 'i cate'd revenue source to support ��-�� � y� /� ♦ �� � � _ pport all act L,,, for graffiti prevention, - , abate . t, enforcement, education, etal. aPN, 4 3i Y 4 ,,_ 4 d '4'3i ., J t l ___ d'-';. - . 1 s> ; Graffiti Busters Paint Out Graffiti Program • . . City of Yakima • • Office of Neighborhood Development Services • EQUAL HOUSING OPPORTUNITY Inception of Graffiti Busters • 2003 City of Yakima hired a Rehabilitation Assistant to run the Graffiti Program full time. • Duties of Rehabilitation Assistant s/ Gather paint and equipment ✓ Schedule volunteers ✓ Permission Slips to property owners ✓Assists and supervise volunteers in painting over graffiti within city limits of estimated population of 80,000 Graffiti Buster Program Costs • 2005 -City of Yakima paid $10 per gallon. • Spring 2005 - City of Yakima entered into an agreement with Yakima County. — Mutually Beneficial — Graffiti Buster received donated paint - Yakima County saved $250 per 50 gallon drum in hazardous waste fees • Occasionally City of Salem, Oregon has donated paint. — City of Yakima paid for shipping at approximately 65 cents per gallon for 3500 gallons r Graffiti Busters In Conjunction with Yakima Count City of County Yakima Restitution Restitution Y kima Police Department People for People Yakima Co. 1.YPD monitor NW Comm. Action Center .Juvenile Court locations & Adult Probation 2.Mount surveillance Camera Provide clients with 3. YPD Jail Inmate Provide work ethic, skills, Court Ordered Volunteers and experience to Community Service clients Graffiti Buster Volunteers • Local High School and Middle School - Provide community service for projects • Churches, Public, and Civic Service Organizations - Supply supervision, equipment, paint, and supplies G raffiti B Outline • A complaint is — City of Yakima Code department — City of Yakima Office of Neighborhood Development Services (ONDS). • The complaint address is checked — against the ONDS Master Graffiti List, to make sure we have a permission slip on • Property owner refuses permission slip — ONDS contacts the Code Compliance department and asks for their intervention in seeking either a permission slip or to seek enforcement by having the owner paint over their own graffiti. • Permission slip on file — the location goes on the Paint schedule and is addressed as soon as possible. • Graffiti complaint locations are consolidated as to general adjoining locations to conserve fuel. Graffiti volunteers are instructed to try and paint over any incidental graffiti in the general area before proceeding on to any distant complaint location. Over the (to date) 8/29/08 Year: 2003 2004 2005 2006 2007 2008 • Locations painted: 5052 5426 4006 6292 4350 7158 • Gallons of paint used: 1331 1246 669 1001 675 1604 • Volunteer hours: 600 1008 1272 6953 2901 4553 • (Locations are tracked as single instances of Graffiti, they can be one large mural stretching the entire length of a fence or as small as a couple feel in diameter. Locations are also tracked as separate instances, yet can be at the same location a multitude of times.) Streamlining ONDS Graffiti Buster Program Recommendations • Regain support from private property owners to paint over own graffiti — City of Yakima doesn't fix other forms of vandalism • Concentrate on City of Yakima public or public right away property MEMORANDUM Date: September 10, 2008 To: Chris Waarvick, Public Works Director From: Tami Andringa, Recreation Supervisor Re: Parks and Recreation Graffiti Efforts The Parks and Recreation Department is responsible for all graffiti removal that occurs within our parks system. The removal is handled primarily by the DOC Crew that is assigned to the parks Department as well as with assistance from our full and part-time staff. Parks and Recreation pays $74,000 annually for the DOC Crew, which consists of eight people and one Supervisor. Approximately 30% of their time is dedicated to just graffiti removal, which translates into $22,200 annually. Our Rovers and full -time staff spend a minimal amount of time on graffiti removal, probably less than 5% of their time. In regard to supplies for graffiti removal, it is important to note that Park Maintenance does not have a line item that is dedicated solely to graffiti removal. As of August of this year, Park Maintenance has expended $5,000 out of the Parks operating budget for graffiti removal supplies, which includes paint, brushes and specialty products for graffiti removal. We have seen a decrease this year in graffiti related vandalism as evidenced by the amount spent for supplies. In comparison, 2007's expended amount for supplies was $6,000. Updated information as of October 21 Estimated cost of a two man crew (Parks Laborer level $13 -16 /hour, 35% benefits, $76,000), with vehicle and equipment (pressure washers, etc., $60,000), materials, fuel, and prorated overhead, insurance, and supervision ($25,000) would run about $161,000 the first year. Memorandum September 19, 2008 To: Chris Waarvick, Public Works Director From: Ken Mehin, Transit Manager Subject: Transit Graffiti Removal At Transit, Tom Mclean is in charge of our bus stop areas. He spends about a couple of hours and around $50 per week on graffiti removal material /new signs to keep our stop areas in decent shape. That is a little over 100 hours and a little over $2500 per year. Please let me know if you have any other questions • City of Yakima Department of Public Works Streets and Traffic Division Graffiti Removal from Street Facilities The Streets and Traffic Division of Yakima Public Works maintains over 18,000 street signs, and over 4,000 streetlights and 120 traffic signals and flashers. Graffiti and sticker removal has become a significant part of the maintenance program. Street signs, traffic signal poles, signal cabinets and street light poles are common targets for spray painting, stickers or other forms of vandalism. The Signal Shop has 5 fulltime employees and the Signs and Lines Shop has 7.5 fulltime employees. Neither of these work units has dedicated staff or budget to address the on- going issue of graffiti removal. Staff responds to citizen complaints related to vandalism and graffiti as well as repairs or replacements that occur during normal maintenance of city equipment. In 2007 the Signs and Lines Shop spent over $35,000 and 440 man-hours on vandalism. In 2008, between January and August, the Signs and Lines Shop spent over $12,500 and 160 man-hours on vandalism. These estimates include all vandalism work orders of which we estimate at least 50% involve graffiti. • r 4 01:4 *` • 4, IOW saelfet a M , Sx 4 "£^: ' `art ' ! ?frn'a,„� , �f _ r � �. L„�.na.,,t ;aa �r i-f1e- d� _. ma c..,?' : r'°�'>a r 4 1 ' a saa� ,�. . MEMORANDUM September 11, 2008 TO: Chris Waarvick, Director of Public Works FROM: Nancy Fortier, Refuse and Recycling Manager _ SUBJECT: Graffiti Costs To date, the Refuse Division has performed approximately 192 hours of graffiti clean up on City owned refuse bins and carts. The cost for graffiti cleanup has been approximately $4,880 in salaries and benefits and $691 in paint and painting supplies. Equipment and fuel costs of approximately $2,880 are figured for only 96 hours, as some of the bins and carts are cleaned at the City Shop Complex. The total estimate for graffiti clean up for 2008 has been $8,451. The Refuse Division does not have any budget line item for personnel, equipment, paint and supplies for graffiti clean up. .117 Committee For Downtown Yakima PO Box 881 Yakima, WA 98907 October 14, 2008 To: Dick Zais, City Manager, City of Yakima Bill Cook, Director, Community and Economic Development Department From: Sean Hawkins, Committee For Downtown Yakima Re: Committee For Downtown Yakima Graffiti Efforts Project Area: The Committee For Downtown Yakima works to remove graffiti on a daily basis in the area that has an eastern boundary of 9th Street, a western boundary of 7 Avenue, a southern boundary of Walnut Street and a northern boundary of Lincoln Avenue. On occasion, we will go just outside of this boundary to remove graffiti from noticeable public property. Numbers: Since July 2007, when we assumed management of the day -to- day maintenance in the downtown core, we have removed over 5,000 tags in the project area. We count tags as something as little as a sticker to a full -blown paint job. At one point this past _February, we removed over 500 sticker tags in one week. The full -blown paint job tags are usually found in alleys and streets just off Yakima Avenue. Cost: The main cost for our efforts comes from up front equipment costs that included nearly $9,000 for a diesel powered pressure washer. We also use the pressure washer to clean sidewalks. Our monthly cost to remove graffiti is in the range of $150 for diesel fuel and chemical cost. Our cleaning crew is well trained on how to approach different surfaces and the work is simply a piece of their daily cleaning work. It is estimated that we spend up to six hours a week removing graffiti. Approach: Our approach is to remove graffiti within 24 hours of it being reported to us. We very rarely paint over a tag. We feel painting over a tag simply is another form of unintended graffiti and evidence of blight. Our goal is to remove it completely and restore the surface. We do this by attacking tags as quickly as we can before the tag has a change to settle into the surface. Partnerships: In many ways, we work in a vacuum. While we take photos of many of the tags in downtown, we rarely work with Yakima PD on solving graffiti based crimes. We have found that a daily removal approach frustrates the taggers in our area (they want their work to be seen) and quite possibly just moves their work elsewhere in the city. What This Means: We have found that the graffiti work in downtown is not being done by gang members, but simply is the work of teenage tagging groups as a form of expression or in some cases "art ". We are certain that as we keep our removal efforts strong and as economic development continues throughout downtown, that large - scale graffiti will become a thing of the past in downtown. City of Yakima 200 S. 3 Street • /Z! Po Department Yakima, Washington 98901c1 Sam Granato; Chief of Police Telephone (509)575 -6200 Fax (509)575 -6007 ∎; 1 " Memorandum Date: October 22, 2008 TO: Bill Cook, Community and Economic Development FROM: Lt. Gary Belles SUBJECT: Yakima Police Department Graffiti Operations and Costs Yakima Police Department anti - graffiti efforts currently involve four primary avenues that include prevention, enforcement, investigation and abatement. Graffiti prevention is an ancillary effect of the Gang Resistance Education And Training (G.R.E.A.T.) program and of the Yakima Police Athletic League (YPAL) program. While neither program specifically targets graffiti, both provide alternatives to gang involvement, including gang related graffiti and can be expected to reduce the problem, at least to a degree, over the long term. Patrol provides the majority of the graffiti enforcement in cases of crimes in progress, while the Gang Enforcement Team (G.E.T.) is also involved in this effort when they are not tasked with other critical operations. There is currently no way to provide a subjective assessment of the average amount of time officers spend performing graffiti enforcement, as duties vary widely from day to day. Investigation and follow -up investigation of graffiti cases is assigned to G.E.T. Officer Tarin Miller. She performs the research and follow -up required to develop the probable cause necessary to charge suspects in .graffiti crimes that are discovered after the fact. As much as one fourth of her time may be spent on graffiti investigation at any given time; however this can change considerably depending upon circumstances. During the first nine months of 2008, 609 cases involving graffiti offenses were filed with the . police department. Eighty -seven (87) arrests resulted. Six (6) known convictions resulted. Numbers of juvenile convictions are not available at this time, however the number of detentions in the graffiti pod suggest that an additional six or seven juvenile convictions have also occurred. Increased levels of prosecution and tougher sentencing would increase the effectiveness of such efforts. Police Department abatement efforts are confined to graffiti paint -outs. Formerly, a single corrections officer was paid overtime to oversee trustees who painted out graffiti throughout the City. Four hours per week were budgeted through Police Department funding from late Spring through early Autumn each year. Late in the summer of 2007, this program was discontinued due to budgetary constraints. At the end of August 2008, the Police Department secured a $10,000 grant through the Washington Association of Sheriffs and Police Chiefs (WASPC) to provide overtime funds for Corrections Officers to resume the program. As- a result, the program has resumed with sufficient funding to carry out from twelve to sixteen hours of graffiti paint -out each week during the months of September (08), October (08), April (09), May (09) and June (09). Paint -out locations are coordinated with the Office of Neighborhood Development Services (ONDS) in order to eliminate duplication of effort and to ensure that property owners have granted their approval for the paint -outs. The program began in September with paint -out operations occurring on 9 -22, 9 -24 and 9- 29 -08. Forty -four locations were painted out, usually involving large quantities of graffiti at each site. No fulltime employees are assigned to graffiti abatement as a part of regular duty assignments. All such duties were performed on an overtime basis. The $10,000 cost of the program is reimbursed by WASPC. There is no additional cost associated with the use of inmate labor. The greatest obstacle to abatement at this time is related to a shortage of Corrections personnel, as most are already tasked to perform additional overtime duties associated with the operation of the Municipal Court. • • • • • CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, WA 98901 -2830 (Phone) 509 - 575 -6033 (Fax) 509 - 575 -6160 MEMORANDUM October 13, 2008 TO: David Edler, Honorable Mayor Yakima City Council Members FROM: Cynthia I. Martinez, Senior Assistant City Attorney SUBJECT: Graffiti Prosecution PUBLIC SAFETY TITLE: Malicious Injury to Property - Graffiti The Yakima Municipal Code that prohibits the act of making graffiti is YMC 6.04.235(2) entitled Malicious Injury to Property (see attached). Malicious Injury to Property- Graffiti is a gross misdemeanor punishable by up to one year in jail and up to $5,000 fine. The City of Yakima Prosecution Division has jurisdiction over adult defendants charged with graffiti related crimes in Municipal Court. These cases can be time consuming when there are multiple occurrences of graffiti or the primary witnesses are civilian. Witnesses are very reluctant when gang graffiti is involved. I am able to provide general information on the number of cases we have prosecuted over the last three years and the average penalty. Once the prosecutor case management system is in place, I will be able to generate detailed reports at the touch a button. In the meantime, I must rely on the Office of the Court Administrator, which does not track sentences. - The Office of the Court Administrator indicates 48 cases of Malicious Injury to Property- Graffiti were filed in 2006, 18 cases in 2007, and as of August 31, 2008, 14 cases. Below are the sentences of a random sampling of cases. This is not by any means an exhaustive list but provided to give you a flavor of the sentences meted out in the Municipal Court. Prosecutor sentence recommendations are based on the defendant's prior convictions and the specific facts of the case. (DOV stands for Date of Violation and CS stands for Community Service) Memo to Mayor and City Council October 13, 2008 Page - 2 CASE DOV SENTENCE F66999 03/01/06 60days /$400/100 hours CS F66468 04/26/06 10days /$300/40 hours CS F75432 05/04/07 90days /$400/40 hours CS F73187 08/13/07 5 days /$300/40 hours CS G51858 10/10/07 120days /$500/40 hours CS G54038 12/13/07 90days /$500/40 hours CS G51571 12/14/07 10days /$300/40 hours CS G55009 03/19/08 20days /$300/40 hours CS G55430 01/02/08 Dismissed G53614 01/21/08 10days /$300/40 hours CS F71525 05/29/08 60days /$400/40 hours CS G57942 06/09/08 Warrant Status It is difficult to quantify the prosecution cost of these cases when each legal assistant handles over 2,000 cases per year and each prosecutor over 1,500 cases a year. Although most graffiti cases do not go to trial, our office must prepare as if the case will go to trial. Within the last three years I conducted a jury trial for a Malicious Injury to Property- Graffiti case; a six - person jury, the judge, a court clerk, two officers, a public defender and myself spent the day in trial. The defendant was found guilty and received a jail sentence, a fine, and community service. The defendant refused to do the community service and ended up spending more time in jail on a probation violation. In about half of the cases listed above, the defendant violated the terms of probation. Probation violations present additional work for the prosecutors and cost tothe City. While not entitled to a full blown trial, a defendant is entitled to a legal representation and a hearing to determine if indeed they did violate the conditions of probation. As I write this report there is a defendant serving an 18 Memo to Mayor and City Council October 13, 2008 Page -3 month sentence on a probation violation for a Malicious Injury to Property- Graffiti conviction. The analogous state law provision is Malicious Mischief. A juvenile convicted of Malicious Mischief in Juvenile Court can be ordered to pay restitution to the victim and the obligation lasts into the juvenile's adult years. RCW 13.40.190 A .parent or guardian of a juvenile can be held liable in a civil action for up to $5,000 for the willful injury to property caused by the minor child. RCW 4.24.190 Graffiti The Public Safety Title of the Yakima Municipal Code also contains a chapter entitled Graffiti at 6.50 (see attached). This chapter contains codes that prohibit the possession of graffiti implements by minors and adults under certain circumstances, regulates the accessibility of graffiti implements to minors by requiring vendors to limit access and post signs, and contains a provision requiring graffiti perpetrators to clean up or pay for the clean up of the graffiti they have caused. The crime of Minor in Possession of Graffiti Implements is a gross misdemeanor, punishable by up to a year in jail and up to a $5,000 fine and the County Prosecutor would handle those prosecution efforts. The possession crime is designed to cover the situation were a defendant is found with the graffiti implements under circumstances that appear they were going to or have already caused graffiti, but the police did not catch them in the act. We have prosecuted adults for this crime in the past. Violations of the vendor regulations are infractions. I am not aware of any vendor being cited. Finally, the section requiring the perpetrator to remove or pay for the removal is not used because typically the victim of the graffiti doesn't want to have any contact with the defendant and the court orders the perpetrator to pay restitution upon conviction. BUILDING TITLE : • Graffiti The Building Code also contains a chapter dealing with graffiti at 11.11 (see attached). This chapter declares graffiti to be a nuisance and describes the duties of the owners of property. Failure to remove graffiti in a timely manner can lead to the imposition of a $400 fine. The Code Division handles the enforcement of this code and the Prosecution Division would appear at any contested hearing. Memo to Mayor and • City Council October 13, 2008 Page - 4 PAST EFFORTS: In 2003, a group of concerned citizens came forward with a proposed comprehensive graffiti ordinance. The then City Council Public Safety Committee recommended that most of the provisions be adopted by the Yakima City Council. The provisions that were not adopted included a requirement that vendors of graffiti implements store such products under lock and key and a section which held a parent or guardian monetarily liable as a result of their juvenile child's criminal graffiti conviction. The more stringent vendor regulation was not embraced by . the business community and the parental liability provision contradicted existing state law. There was also an unsuccessful effort to convince neighboring jurisdictions to adopt similar legislation. NEW LEGISLATIVE RELIEF AND SUGGESTION: The State Criminal Street Gang Law does in theory provide some relief for victims of graffiti by creating a civil cause of action for graffiti and tagging. The new law allows the recovery of restitution, a civil penalty and attorneys' fees. The attorney fee provision is a big win for victims. The reality is that most graffiti perpetrators don't have jobs or assets, and an attorney will not usually get involved on a contingency basis (fees imposed if we win) unless there is money to be collected. An earlier draft of the law had a provision to allow recovery from the parents of juveniles convicted of graffiti or tagging, however that language did not survive the legislative process. Our current graffiti ordinance does not address graffiti by sticker. Although this problem seems to be waning, our ordinance could be amended to penalize this activity. The City ordinance could also be amended to add a requirement that graffiti implements be stored under lock and key by the vendor. CC. Dick Zais, City Manager Jeff Cutter, Acting City Attorney • Title 6 PUBLIC SAFETY AND MORALS* Chapter 6.04 PENAL CODE 6.04.235 Malicious injury to property. A. A person is guilty of malicious injury to property if he: (1) Knowingly and maliciously causes physical damage to the property of another, public or private, under circumstances not amounting to malicious mischief in the first or second degree as defined by RCW 9A.48.070 and RCW 9A.48.080; or (2) Writes, paints or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree as defined by RCW 9A.48.070 and RCW 9A.48.080. . B. (1) Malicious injury to property is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor. (2) Malicious injury to property under subsection (A)(2) of this section is a gross misdemeanor. (Ord. 2001 -30 § 1, 2001: Ord. 94 -22 § 16, 1994: Ord. 857 § 1, 1966: Ord. B -218, 1937; Ord. A -236 § 1(44), 1917). • • • 6.50'.010 Chapter 6.50 - "Paint stick" or "graffiti stick" means any device con - taining a solid form of paint, epoxy, or other similar sub- GRAFFITI stance that is not water - soluble and is capable of being applied to a surface by pressure and leaving a mark of at Sections: least one - fourth of an inch in width. 6.50.010 Purpose and intent. "Unauthorized" means not expressly permitted by the 6.50.020. Definitions. owner or legal occupant of the property. (Ord. 2003 -48 6.50.030 Prohibited acts. § 2, 2003). 6.50.040 Signage required. 6.50.050 Miscellaneous. 6.50.030 Prohibited acts. 6.50.200 Graffiti— Notice to remove. A. Possession of Graffiti Implements. 1. It shall be unlawful for any person under the age 6.50.010 Purpose and intent. of eighteen years to possess any graffiti implement while The city council of Yakima is enacting the ordinance on any public or private property, other than the minor's codified in this chapter to help prevent the spread of graf- residence. The minor's residence does not include the fiti vandalism. The city council finds that graffiti is a pub- common areas of any multiunit residence. It is an affirma- Iic nuisance and destructive of the rights and values of tive defense to a violation of this subsection, which the property owners as well as the entire community. The city defendant must prove by a preponderance of the evidence, council intends, through the adoption of this chapter, to that (I) the individual in possession of the graffiti imple- provide additional enforcement tools to protect public and ment was attending or traveling to or from a school at private property from acts of graffiti vandalism and de- which the individual was participating in a class that for- facement. The city council does not intend for this chapter manly required the use of the graffiti implement or (2) that to conflict with any existing anti - graffiti state laws or local the individual had express permission to possess the graf- ordinances. (Ord. 2003 -48 § 1, 2003). fiti implement from the owner or legal occupant of the property on which the graffiti implement was possessed. 6.50.020 Definitions. 2. It shall be unlawful for any person to possess any For the purposes of this chapter, the following words graffiti implement while in or upon any public facility, shall have the meanings respectively ascribed to them in park, playground, swimming pool, recreational facility, this chapter, except where the context clearly indicates a school or other public building or structure. The terms • different meaning: "public facility" and "public buildings or structures" do "Aerosol paint" container means any aerosol container not include public streets or alleys. It is an affirmative de- that is adapted or made for the purpose of applying paint fense to a violation of this subsection, which the defendant or pigment that is not water - soluble. must prove by a preponderance of the evidence, that (1) "Broad- tipped marker" means any felt tip indelible the individual in possession of the graffiti implement was marker or similar implement with a flat or angled writing attending or traveling to or from a school at which the in- surface that, at its broadest width, is greater than one- dividual was participating in a class that formally required fourth of an inch, containing ink or other pigment that is the use of the graffiti implement or (2) that the individual not water - soluble. had express permission to possess the graffiti implement "Etching equipment" means any tool or device with a from the owner or legal occupant of the property on which cutting blade, which, under the time, manner and circum- the graffiti implement was possessed. stances in which it is possessed, is or is likely to be used 3. Possession of graffiti implements is a gross mis- etch graffiti. It shall not mean any key, silverware, garden- demeanor. ing tool, pocketknife or tool used primarily for hunting. B. Accessibility to Graffiti Implements. "Graffiti" means any unauthorized inscription, figure, 1. Furnishing to Minors Prohibited. It shall be etching or mark of any type that is written, marked, etched, unlawful for a person, other than a parent or legal guardian scratched, sprayed, drawn, painted, or engraved on or oth- . to sell, exchange, give, loan, or otherwise furnish, or per- erwise affixed to any surface of public or private property. mit any person under the age of eighteen years of age to • "Graffiti implement" means an aerosol paint container, possess any aerosol paint container, broad - tipped marker, a broad- tipped marker, gum label, paint stick or graffiti or paint stick. - stick, etching equipment or paintbrush. 2. Display and Storage. - 274a (Yakima Supp. No. 3, 9 -04) 6.50.030 a. Every person who owns, conducts, operates, or 6.50.050 Miscellaneous. manages a retail commercial establishment selling aerosol A. Any minor violating this chapter shall be subject paint containers, paint sticks, or broad - tipped markers shall to the jurisdiction of juvenile court pursuant to Title 13 of store the containers, sticks or markers in an area continu- the Revised Code of Washington. ously observable, through direct visual observation or sur- B. Restitution. In addition to any punishment speci- veillance equipment, by employees of the retail establish - fled in this chapter, the court shall order any violator to ment during the regular course of business. make restitution to the victim for damages or loss caused b. In the event that a commercial retail establishment directly or indirectly by the violator's offense in the is unable to store the aerosol paint containers, paint sticks, amount or manner determined by the court. or broad tipped markers in an area as provided in this sec- C. Community Service. As part of the penalties tion, the establishment shall store the aerosol paint con- specified in this section, the court shall order any violator tainers, sticks, and markers in an area not accessible to the to perform community service under the supervision of a public in the regular course of business without employee community service provider approved by the chief of po- assistance. lice. Reasonable effort shall be made to assign the violator 3. Each violation shall be a separate and distinct of- to a type of community service that is reasonably expected fense. • to have the most rehabilitative effect on the violator, in- 4. It shall be defense to a violation of this subsection, cluding community service that involves graffiti removal. that the person who sold, gave or furnished any aerosol • D. Severability. if any clause, part or section of this paint container, broad tipped marker, or paint stick rea- chapter shall be adjudged invalid or unconstitutional, such sonably relied on an officially issued identification that judgment shall not affect or invalidate the remainder of shows the purchaser's age and bears his or her signature this chapter nor the application of any such clause, part or and photograph. As used in this section "officially issued section to any other person, but shall be confined in. its identification" shall include driver's license, instruction operation to the clause, part or section directly involved in permit, or identification card of a state or providence of the .controversy in which such judgment was rendered. Canada; or identicard issued by the Washington State De- (Ord. 2004 -49 § 2, 2004: Ord. 2003 -48 § 5, 2003). partment of Licensing under Chapter 46.20 RCW; pass- port; or merchant marine identification card issued by the 6.50.200 Graffiti— Notice to remove. United States Coast Guard. A. Definitions. For the purposes of this section, the 5. Any person who wrongfully sells, displays or following . terms shall have the following meanings: stores graffiti implements shall be guilty of a civil infrac- 1. "Perpetrator" means the person who applied graf- tion with a penalty in the amount of one hundred dollars. fiti or the custodial parent(s) or legal guardian of any mi- For any second or subsequent violation of this section the nor who has applied graffiti; penalty shall be in the amount of two hundred and fifty 2. "Director" means the city of Yakima director of dollars. (Ord. 2004 -49 § 1, 2004: Ord. 2003 -48 § 3, 2003). community and economic development and/or their desig- nee; 6.50.040 Signage required. 3. "Removal" means where practicable, the painting Every person who operates a retail or commercial es- over or washing off of graffiti in a manner so as to restore tablishment selling aerosol paint, broad tipped markers, the affected property to a condition substantially similar to paint sticks or graffiti sticks shall place a sign in clear pub- . the condition of the property prior to the application of the lic view stating: "Graffiti is against the law." Any person graffiti. Where painting would fail to restore the property who defaces real or personal property with paint or any to its original condition, such as non water - soluble media other liquid 'or device is guilty of a crime punishable by on an otherwise unpainted brick'wall, removal shall mean imprisonment of up to three hundred sixty-five days and/or removal by chemical or mechanical means or, where nec- a fine up to five thousand dollars. Each person violating essary such as deep etching into property which can not this section shall be guilty of a civil infraction with a pen- reasonably be restored by other means to a condition sub- alty in the amount of twenty-five dollars. For a second or stantially similar to that in which it was prior to the appli- subsequent violation of this section the penalty shall be in cation of the graffiti for which the perpetrator is responsi- the amount of two hundred dollars. (Ord. 2003 -48 § 4, ble, replacement of the damaged property. 2003). • • (Yakima Supp. No. 3, 9 -04) 274b • • 6.56.200 B: Removal of Graffiti by Perpetrator. Each perpetra- City may issue to you an infraction with a fine of $100 tor shall have the duty to remove graffiti within seventy- for each day that the graffiti remains. You are responsi- two hours after service by the director of a notice to re- ble for the costs of removal. Removal or replacement move graffiti. Failure of any perpetrator to remove graffiti must be done in a manner and at a time and date agreed or pay for the removal of same shall constitute a violation . upon by the property owner. See the attached Consent of this chapter. Each twenty-four hour period that elapses to Remove Graffiti that specifies the method of removal in which the graffiti is not removed or payment for re- or replacement. moval has not been made shall constitute a separate viola- tion of this ordinance. Each violation shall be punishable All persons having any objection to, or interest in as,a civil infraction with a penalty of one hundred dollars. said matters, are hereby notified to submit any objec- C. Whenever the director determines that graffiti tions or comments to the Director of Community and exists on any public or private buildings, structures or Economic Development of the City of Yakima Wash - other real or personal property; the individual responsible ington at (address). Objections must be in writing and for applying the graffiti has been identified; and the owner must be received within Seventy-two (72) hours from or legal occupant of the subject property has given written the date of this notice. Failure to object in a timely consent for the removal, the director shall cause a notice to manner will waive such objections. remove graffiti to be issued to the perpetrator. The director may specify a period in excess of seventy-two hours after. F. The written consent to remove graffiti shall be on the date of notice to remove graffiti when weather condi- a form approved by the city attorney, and shall specify the tions do not permit the painting of exterior surfaces. method of removal. A copy of the consent to remove graf- D. The notice to remove graffiti issued to the perpe- fiti shall be attached to the notice to remove graffiti. trator pursuant to this section shall be in writing and shall G. Upon receipt of a timely objection from the perpe- be served upon the perpetrator. The notice required by this trator or other interested party, the director shall, within section may be served in any one of the following man- ten days of receipt of said timely objection, forward the ners: same to the Yakima Municipal Court. The Yakima Mu- 1. By personal service on the perpetrator, or nicipal Court shall conduct a hearing within thirty days of 2. By registered or certified mail addressed to the receipt of such notice. The director or their designee, the perpetrator at his or her last known address. owner of the victimized property, and perpetrators entitled A copy of the notice to remove graffiti shall be pro- to be served with the notice to remove graffiti shall be vided to the owner and legal occupant by mailing a copy to notified in writing of the date of the hearing, shall be enti- the owner and legal occupants at their last known address. tled to participate in the hearing as affected parties and E. The notice to remove graffiti required by this sec- each party may call witnesses. Any party or other person tion shall be in substantially the following form: affected by the graffiti may appear and present evidence. The city shall have the burden of demonstrating by a pre - NOTICE TO REMOVE GRAFFITI •ponderance of the evidence that the perpetrator is in viola- tion of this chapter. The court may specify a method of Date removal when the parties can not agree to a removal method, however, the court shall not order a perpetrator to To: (perpetrator - include' parental relation if applicable) remove graffiti when the property owner objects to such removal by the perpetrator. When the property owner is The City of Yakima has determined that (perpe- unable or unwilling to consent to removal, the city may trator) is responsible for applying graffiti to (affected then require said property owner to remove said graffiti in address /description of affected structures or personal accordance with Chapter 11.11 of this code. • property). H. Removal in accordance with the provisions of this section shall not be considered an admission of guilt in any NOTICE IS HEREBY GIVEN that you are re- criminal proceeding against the perpetrator for the act of quired by chapter 6.5,0 of the Yakima Municipal Code, inscribing the graffiti. (Ord. 2003 -48 § 6, 2003). 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 af- ter the date of this notice; or, if you fail to do so, the 274b.1 (Yakima Supp. No. 3, 9 -04) 11.11.010 • Chapter 11.11 • D. "Director" means the city of Yakima director of community and economic development and their desig- GRAFFITI nee. (Ord. 2001 -16 § 2, 2001). Sections: • 11.11.030 Graffiti—Notice to remove. 11.11.010 Graffiti deemed nuisance. A. Whenever the director determines that graffiti 11.11.020 Definitions. • exists on any public or private buildings, structures, and 11.11.030 Graffiti— Notice to remove. places which are visible to any person utilizing any public 11.11.035 Graffiti— Failure to remove— road, parkway, alley, sidewalk, or other right -of -way Penalty. within the city the director shall cause a notice to be issued • to abate such nuisance. The property owner shall have fif- 11.11.040 Voluntary correction agreement. 11.11.050 City costs enforceable as debt -lien. teen days after the date of the notice to remove the graffiti 11.11.055 Appeal to city council —Stay of or the same will be subject to abatement by the city. The proceedings. director may specify a period in excess of fifteen days 11.11.070 Removal by city. after the date of notice to remove the graffiti when weather conditions do not permit the painting of exterior surfaces. 11.11.010 Graffiti deemed nuisance. B. The notice to abate graffiti pursuant to this section A. Graffiti and other defacement of public and pri shall cause a written notice to be served upon the owner(s) vate property, including walls, rocks, bridges, fences, of the affected premises, as such owners' name and • gates and other structures, trees and other real and per- address appears on the last property tax assessment rolls sonal property within the city, constitutes a nuisance. for Yakima County, Washington. If there is no known address for the owner, the notice shall be sent in care of the B. Although it is appropriate, where possible, to request that the courts require people who are convicted of property address. The notice required by this section may acts of defacement and vandalism involving application of be served in any one of the following manners: graffiti to public or private property to restore the property 1. By personal service on the owner, occupant or so defaced, damaged or destroyed, apprehension of per- person in charge or control of the property; sons who commit such acts is difficult because the 2. By registered or certified mail addressed to the offenses involved can be committed quickly and surrepti owner at the last known .address of said owner. If this tiously so that witnesses to the acts are frequently nonex address is unknown, the notice will be sent to the property istent. address. • C. Although . the public should be encouraged to C. -The notice required by this section shall be in sub - cooperate in the elimination of graffiti by reporting the stantially the following form: same to the proper authorities, it is also important to elim NOTICE OF INTENT TO • REMOVE GRAFFITI inate the presence of graffiti from the community so that the product of the illegal acts of those involved in applica- tion of graffiti is not visible and the property on which the • Date: graffiti is located and surrounding properties do not suffer • diminution of value. (Ord. 2001 -16 § 1, 2001). To:. 11.11.020 Definitions. NOTICE IS HEREBY GIVEN that you are re- For the purposes of this chapter, the following words quired, by Chapter 11.11 of the Yakima Municipal shall have the following meanings: Code, at your own expense, to remove or paint over A. "Graffiti" means the defacing, damaging or the graffiti located on the property located at (ad- destroying by painting by whatever means or marking of dress), Yakima, Washington, which is visible to pub ink, chalk, dye, or other similar substances or placement lie view, within fifteen (15) days after the date of this of stickers or appliques on public or private buildings, notice; or, if you fail to do so, pursuant to Section structures and places. 11.11.035 of the Yakima Municipal Code you will be B. "Graffiti abatement procedure" means the abate- fined four hundred dollars ($400.00) following this ment procedure which identifies graffiti, issues notice to fifteen (15) day notice, and the City may abate the the landowner to abate the graffiti, and cures the absence nuisance created by said graffiti, either itself or of response. through the use of a private contractor, by painting over the graffiti. The cost of the abatement by the City C. "Private contractor" means any person with whom the city shall have duly contracted to remove graf or private contractors utilized by the City to abate the fiti nuisance will be assessed upon your property and 486 -8.3 (Yakima 1-07) 1 1.11.035 such costs will constitute a lien upon the land until (d) The corrective action to be taken, and a date and paid. time by which the corrective action must be completed; (e) A stipulation by the owner that the illegal condi- All persons having any objection to, or interest in tion(s) identified in the complaint or notice and order do said matters, are hereby notified to submit any objec- exist and that the corrections specified in the voluntary tions or comments to the Director of Community and correction agreement are appropriate; - Economic Development of the City of Yakima within (t) A stipulation by the owner that the city of Yakima ten (10) days from the date of this notice. If no objec- may abate the illegal condition(s) and recover costs as an tions or comments to the notice are received by the assessment to the owner and a lien on the property pursu- City, the City will, at the conclusion of the fifteen (15) ant to this chapter in the event of a ma terial breach of the day period, proceed with abatement of the graffiti in- voluntary correction agreement; . scribed on your property at your expense without fur- (g) Permission by the owner for the city to enter upon ther notice. the property at any reasonable times until the illegal con - dition(s) is abated; and If you can not afford to remove or paint over the (h) An acknowledgement. graffiti, or are physically unable to do the work in- . (3). The director may, in his or her sole discretion, volved; you may qualify for assistance programs. extend deadlines for correction if the owner has been dili- Please contact the City of Yakima Housing Office at gent and made substantial progress but has been unavoid- (phone # currently 575 -6101) to see if you qualify. ably delayed. (4) The director may determine that a material breach (Ord. 2005 -05 § 1, 2005: Ord. 2001 -16 § 3, 2001). of a voluntary correction agreement has occurred, and may further determine what shall be done to abate the ille- 11.11.035 Graffiti— Failure to remove — Penalty. gal conditions that were the subject of the.voluntary cor- A. A property owner who violates YMC 11.11.030 rection agreement. The director shall provide notice of by failing to remove graffiti within the fifteen days fol- such a determination to the other party. A party to the vol- lowing the "notice to abate graffiti" shall be guilty of a untary correction agreement may appeal such a determi- civil infraction with a penalty in the amount of four hun- nation to the city council by filing a request for hearing dred dollars, unless an objection is filed pursuant to YMC with the office of the city clerk within fifteen days of the 11.11.055. date notice of breach is mailed by the director. (Ord. 2001 - B. If an objection is filed pursuant to YMC 16 § 4, 2001). 11.11.055 and the city council issues a "determination of . intent to proceed," a property owner who violates YMC 11.11.050 City costs enforceable as debt -lien. 11.11.055 or 11.11.030 by failing to remove graffiti Any and a costs incurred by the city in the abatement within the ten days following the issuance of the "notice of the graffiti nuisance as provided in this chapter shall of determination of the intent to proceed," or within the . constitute a debt owed to the city by the property owner or fifteen days following the issuance of the "notice to abate person in charge or control of the property, and shall, in graffiti," whichever is later, shall be guilty of a civil addition to any and all other legal remedies available for infraction with a penalty in the amount of four hundred the enforcement of debts, be enforceable as a lien against dollars. (Ord. 2005 -05 § 2, 2005). the property upon which such nuisance existed. (Ord. 2001 -16 §5,2001). 11.11.040 Voluntary correction agreement. (1) In lieu of issuing a notice to remove, the director 11.11.055 Appeal to city council —Stay of may execute a voluntary correction agreement with the proceedings. owner of a dwelling, building, structure, or other premises A. Upon receipt of a timely objection or comment the director determines is in violation of this chapter. from the owner or person occupying or controlling the (2) A -voluntary correction agreement is a contract premises affected, the director shall, within ten days of between the 'city and the owner in which such person receipt of said timely objection or comment forward the agrees to abate the illegal conditions within a specified objection to the Yakima city council. The Yakima city time and according to specified conditions. The voluntary council shall conduct a hearing. The director or their des • correction agreement shall include: ignee, the owner, and other parties entitled to be served (a) The name and address of the owner and any other with the notice to abate graffiti may participate as parties person bound under the contract; in the hearing and each party may call witnesses. Any (b) The street address and a legal description suffi- complainant or person affected by the graffiti may appear cient to identify the premises; and present evidence. The city shall have the burden of (c) A description of the violation; demonstrating by a preponderance of evidence that the (Yakima 1-07) 486 -8.4 11.11.070 • . 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 proceed- ings. 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 YMC 11.11.030(B). Such determination shall notify the property owner of the city's intent to pro- ceed 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 deter- mination 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 dis- cretion to adjust the timeframes, standards, and other pro - visions of this chapter. Examples of circumstances which • may warrant such exercise of discretion include, without limitation: medical illness or disability affecting a prop- erty 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. (Ord 2001-16 § 6, 2001). 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 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 obliter- ate or cover graffiti shall be as close as practicable to back- ground 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 than the area where the graffiti is located.. (Ord. 2001- 16 §7,2001). • • 486 -8.5 (Yakima 1-07) • City of Yakima Graffiti Removal Refuse & Streets & Department CDY Water & Irrigation Codes ONDS Transit Recycling Parks & Rec WW Traffic YPD Legal Total Average 5 DOC Crew (8) # of Personnel 0.15 0.05 0.17 volunteers per 0.08 0.05 and .5 FTE 0.05 0.07 1 0.05 3.1 FTE day plus 1 FTE $1,800 plus Approximate $9,000 for $789 for hydrants - cost materials purchase of costs of other none $2,000 $1,100 $2,880 $5,000 unknown $12,500 $10,000 none $45,069 pressure incidents unknown washer Approximate 312 unknown 350 9,600 156 96 4,500 unknown 160 2000 108 17,282 hours of labor •