1894 - Ordinance - New Chapter 9.31 Regarding Graffiti RemovalNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held February 24, 2003.
ORDINANCE NO. 1894
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
ADDING A NEW CHAPTER 9.31 OF THE MUNICIPAL CODE
REGARDING GRAFFITI REMOVAL
Copies of Ordinance No. 1894 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days afler publication, copies of Ordinance No. 1894 will be
provided at a nominal charge.
bfichelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
March 5,2003
Kitsauleeals~sounduublishing.com
ORDINANCE NO. 1894
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADDING A NEW CHAPTER 9.31 OF THE MUNICIPAL CODE
REGARDING GRAFFITI REMOVAL.
WHEREAS, graffiti and other defacement of public and private property, including walls,
rocks, bridges, buildings, fences, gates, signage, and other structures, trees, and other real and personal
property within the city constitutes a nuisance; and
WHEREAS, 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, obtaining convictions for such acts
is difficult because the offenses involving graffiti can be committed so very quickly and secretively that
witnesses to the acts are frequently nonexistent; and
WHEREAS, 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 ofgraffiti is not visible
and the property on which the graffiti is located and surrounding properties do not suffer diminution of value;
now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. A new Section 9.31.010 of the Port Orchard Municipal Code is added to read
as follows:
9.31.010 Definitions.
(1) "Enforcement Officer means a law enforcement officer, code enforcement
officer or other person or persons appointed by the city council for purposes
of enforcing this chapter.
(2) "Graffiti" means the defacing, damaging or destroying by etching,
scratching, spraying of paint or marking of ink, chalk, dye or other similar
substances on public or private buildings, structures, places and property,
both real and personal.
"Graffiti abatement procedure" means the abatement procedure, which
identifies graffiti, issues notice to the landowner to abate the graffiti, and
cures in absence of response.
"Private contractor" means any person with whom the city shall have duly
contracted to remove graffiti.
"Responsible Party" means an owner, tenant, or an entity or person acting
as an agent for an owner by agreement, who has authority over the property
or is responsible for the property's maintenance or management.
Irrespective of any arrangement to the contrary with any other party, each
owner shall always be a responsible party for the purposes of this chapter.
There may be more than one responsible party for a particular property.
(3)
(4)
(5)
SECTION 2. A new Section 9.31.020 of the Port Orchard Municipal Code is added to read
as follows:
9.31.020 Graffiti deemed nuisance.
(1) Graffiti and other defacement of public and private property, including walls,
rocks, bridges, buildings, fences, gates, signage. and other structures,
trees, and other real and personal property within the city constitutes a
nuisance.
Although it is appropriate, where possible, to request that the courts require
people who are convicted of acts of defacement and vandalism involving (2)
Ordinance No. 1894
Page 2 of 4
application of graffiti to public or private property to restore the property so
defaced, damaged or destroyed, obtaining convictions for such acts is
difficult because the offenses involving graffiti can be committed so very
quickly and secretively that witnesses to the acts are frequently nonexistent.
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 visibleand the
property on which the graffiti is located and surrounding properties do not
suffer diminution of value.
(3)
SECTION 3. A new Section 9.31.030 of the Port Orchard Municipal Code is added to read
as follows:
9.31.030 Graffiti prohibited. It shall be unlawful for any person to etch, scratch,
write, paint or draw upon any wall, rock, bridge, building, fence, gate, signage or
other structure, tree or other real or personal property, either publicly or privately
owned, any drawing, inscription. figure or mark of the type which is commonly known
and referred to as "graffiti" within the city without permission from the city. Violation
of any of the provisions of this section shall constitute a gross misdemeanor, and
may be punished by a fine of up to $5,000. and a jail term not in excess of one year.
SECTION 4. A new Section 9.31.040 of the Port Orchard Municipal Code is added to
read as follows:
9.31.040 Graffiti - Notice of removal.
(1) Whenever an enforcement officer determines that graffiti exists on any
public or private buildings, structures, places, or other real or personal
property which are visible to any person utilizing any public road, parkway,
alley, sidewalk or other right-of-way within the city and when weather
conditions permit the painting of exterior surfaces, the city engineer or
designee shall cause a notice to be issued to abate such nuisance. The
responsible party shall have fifteen (15) days afler the date of the notice to
remove the graffiti or the same will be subject to abatement by the city. If
the graffiti is on personal property, which is removable from public view
(such as an automobile), the responsible party shall have forty eight (48)
hours to remove the property from public view.
The notice to abate graffiti pursuant to this section shall be served upon the
responsible party of the affected premises by mail at the party's last known
address. The notice shall also be posted at the properly. As an alternative
to mailing the notice, the enforcement officer may cause a wpyof the notice
to be personally served in the responsible party in the manner authorized by
statute for personal service. The notice shall be in substantially the
following form:
(2)
NOTICE TO ABATE GRAFFITI
Date:
To:
NOTICE IS HEREBY GIVEN that pursuant to Chapter9.31 of thecityof
Port Orchard Municipal Code, the city of Port Orchard has determined
that there is a graffiti nuisance located on the property commonly known
as [address], Port Orchard, Washington, which is visible to public view.
Ordinance No. 1894
Page 3 of 4
You are required, at your own expense, to remove or paint over the
graffiti within fifteen (15) days after the date of this notice[orifthegrafRi
is on removable personalpropertyto remove thepersonalpmperty tom
public view within forty eight hours after the date of this notice]; or, if you
fail to do so, the city requires the nuisance to be abated by removal or
painting over of the graffiti. The cost of the abatement by the city or
private contractors employed by the city to abate the nuisance will be
assessed upon your property and such costs will constitute a lien upon
the land until paid.
In addition, if the graffiti is not removed or abated by the time specified, the city
may begin issuing civil infractions pursuant to Port Orchard Municipal Code
Section 9.31.080.
You may appeal this Notice to Abate Graffiti decision by filing a written notice of
appeal with the city council of the city of Port Orchard within ten days after the
date of this notice.
SECTION 5. A new Section 9.31.050 of the Port Orchard Municipal Code is added to
read as follows:
9.31.050 City costs enforceable - Debt -Lien. Any and all costs incurred by the
city in the abatement of the graffiti nuisance as provided in this chapter shall
constitute a debt owed to the city by the responsible party and shall be enforceable
as a lien against the property upon which such nuisance existed, in addition to the
other legal remedies available for enforcement of debts.
SECTION 6. A new Section 9.31.060 of the Port Orchard Municipal Code is added to
read as follows:
9.31.060 Appeal. Within ten (IO) days from the mailing or from personal service of
the notice of intent to remove graffiti, the responsible party or person occupying or
managing the premises affected may appeal the matter to the city council. Filing of
an appeal will stay, during the pendency of the appeal, any enforcement or actions
by the city to abate the graffiti nuisance.
SECTION 7. A new Section 9.31.070 of the Port Orchard Municipal Code is added to
read as follows:
9.31.070 Removal by city. Upon failure of persons to comply with the notice by the
designated date, or such continued date thereafter as the enforcement officer
approves, 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 Port Orchard
may consent in advance to city entry onto private property for graffiti removal
purposes.
Ordinance No. 1894
Page 4 of 4
SECTION 8. A new Section 9.31.080 of the Port Orchard Municipal Code is added to
read as follows:
9.31.080 Civil Infraction. In addition to any other remedy provided in this chapter,
any responsible party violating any of the provisions of this chapter shall be deemed
guiltyof a civil infraction, subject to a civil penaltyof $100. each five-calendar period
that a violation exists constitutes a separate offense.
SECTION 9. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
SECTION IO. Effective Date. This Ordinance shall be in full force and effect five (5) days afier
posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire
Ordinance, as authorized by State law.
PASSED by the city council of the city of
attested by the clerk in authentication of such passage this
P'atrikia Parks, City Clerk m City Attorney hn Clauson, Councilman