HomeMy WebLinkAboutO-2684 - Amends Ch. 6.25, graffiti nuisance (6.25) (2)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO.'2&SL.f
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON AMENDING CHAPTER 6.25 OF THE
MARYSVILLE MUNICIPAL CODE RELATING TO ABATEMENT
AND REMOVAL OF GRAFFITI.
WHEREAS,in 1999 the Marysville City Council adopted Ordinance 2295 (codified as
Chapter 6.25 ofthe Marysville Municipal Code) to address the abatement and removal of
graffiti; and
WHEREAS,the Marysville City Council finds that there has been a significant increase in
the number ofincidents involving graffiti and the associated defacing and vandalism to
public and private property; and
WHEREAS,certain types ofgraffiti which have been identified in and around Marysville
and Snohomish County is associated with the presence of gang activity; and
WHEREAS,the Mayor and City Council have formed a committee consisting ofelected
officials, City staff,SChool district representatives,business community representatives and
citizens to study and make recommendations to address graffiti and gang related activity in
and around the City; and
WHEREAS,the City Council wishes to request the Marysville business community,on a
voluntary basis, to restrict access to aerosol paint and indelible markers to minors under the
age of 18 years; and
WHEREAS,one measure recommended by the Graffiti Committee was to prepare
amendments to MMC Chapter 6.25, to address the time period for removal ofgraffiti and
to encourage restrictions to accessibility ofthe tools ofgraffiti, namely aerosol paint and
indelible markers;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Ordinance 2295 as codified in Chapter 6.25 ofthe Marysville Municipal Code is
hereby amended to read as follows:
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Chapter 6.25
GRAFFITI NUISANCE
Sections:
6.25.010 Graffiti deemed nuisance.
6.25.020 Definitions.
6.25.030 Continued presence of graffiti an infraction.
6.25.040 Graffiti - Notice of removal.
6.25.050 Appeal.
6.25.060 Removal by city.
6.25.070 City cost recoverable - Debt - Lien.
6.25.075 Sale or gift ofaerosol paint and indelible markers.
6.25.080 Severability.
6.25.010 Graffiti deemed nuisance.
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.
Although it is appropriate, where possible, to request that the courts
require people who are convicted of acts of malicious mischief and
vandalism involving the application of graffiti to public or private property
to restore the property so defaced, damaged or destroyed, oftentimes it is
difficult to identify, or to identify and convict, the wrongdoer.
The continued presence of graffiti is a blight on the community.
While voluntary graffiti removal should be encouraged, where graffiti has
not been promptly removed, graffiti should be removed in accordance with
the provisions ofthis chapter.
6.25.020 Definitions.
For the purposes of this chapter, the following words shall have the
following meanings:
(I)"Abate"means the removal,painting over, or other obscuring of
graffiti from view as directed by the notice provided for in MMC 6.25.040.
(2)"Graffiti"means the defacing, damaging or destroying by
spraying of paint or marking of ink, chalk, dye or other similar substances
on public or private buildings,structures, facilities, natural features, and
places.
(3) "Graffiti nuisance property" means property upon which graffiti
exists and where, after notice as provided by this chapter, the graffiti has not
been abated by the deadline set in a notice as established by this chapter.
(4) "Indelible marker" shall mean any marker, pen or similar
implement containing anything other than a solution which can be removed
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with water after it dries and having a flat, pointed or angled writing surface
of a width of4 mm or greater.
(5)"Owner"means any entity or entities having a legal or equitable
interest in real or personal property including but not limited to the interest
ofa tenant or lessee.
(6)"Pressurized container" shall mean any can, bottle, spray device
or other mechanism designed to propel liquid which contains ink, paint, dye
or other similar substance which is expelled under pressure either through
the use ofaerosol devices, pumps or similar propulsion devices.
(7)"Responsible party"means an owner, and also an entity or
person acting as an agent for an owner, or an entity or a person who has
dominion and control over a property. There may be more than one
responsible party for a particular property.
6.25.030 Continued presence of graffiti an infraction.
It shall be a civil infraction for a responsible party to allow a graffiti
nuisance property to exist. Each day a graffiti nuisance property shall exist
shall be a separate infraction. A civil infraction under this chapter shall be
punishable by a penalty of$25.00 for each violation.
6.25.040 Graffiti-Notice of removal.
(I)Whenever graffiti exists and is visible to any person ofnormal
eyesight utilizing any public road, parkway, alley, sidewalk or other facility
open to the general public, the responsible person shall abate such graffiti
nuisance within 48 hours of the placement ofsuch graffiti.
(2)Whenever the responsible party fails to abate and remove graffiti
as set forth in (1) above, and whenever the Mayor or hisfher designated
representative determines that graffiti exists a notice shall be issued to the
responsible person to abate the nuisance by a stated deadline, which shall be
no more than 48 hours after the date ofthe notice unless weather or seasonal
conditions require a longer deadline.
(3) The giving of notice as required by this section shall be
accomplished by providing the notice to the responsible party in anyone of
the following ways:
(a) By personal service on the responsible party;
(b) By registered or certified mail, postage prepaid, properly
addressed and mailed to the last known address of the responsible party and
to the address ofthe party.
(4) The notice shall be as established by the Chief of Police. The
notice shall include a list of community resources and references where the
property owner may seek assistance in the eradication of graffiti.
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6.25.050 Appeal.
The hearing examiner for the city of Marysville hereby is given
jurisdiction to hear appeals of a "Notice of Graffiti,of Graffiti Nuisance
Property and Removal."
An appeal shall be commenced by filing a notice of appeal with the
city clerk within 10 days after the service of the "Notice of Graffiti,of
Graffiti Nuisance Property and Removal" on the party or parties to whom
the notice is directed.If no appeal is filed within said 10 days, the "Notice
of Graffiti,of Graffiti Nuisance Property and Removal" shall become final
and conclusive, and not subject to appeal or review in any forum.
In any appeal, the city shall have the burden to prove by a
preponderance ofthe evidence that the property contains graffiti, the named
party is a responsible party, the deadline for abatement is reasonable and
should not be adjusted for weather or seasonal conditions, and the manner
ofabatement is reasonable.
If the hearing examiner finds that the property contains graffiti and that
the named party is a responsible party, but that either the manner of
abatement is not reasonable, or the deadline should be extended for seasonal
or weather conditions,then the hearing examiner shall modify the manner of
abatement to make the same reasonable or extend the deadline a reasonable
period to account for seasonal or weather conditions, as the case may be.
The hearing examiner shall issue a written decision containing the
following information: (1) findings offact (which shall include the common
address and legal description for the property) and conclusions of law; (2)
the manner of any required abatement action and the deadline by which
abatement must be completed; (3) a description of the civil penalty for an
infraction which may accrue ifthe responsible party fails to abate the graffiti
by the deadline established in the decision and order; (4) a statement that the
decision of the hearing examiner becomes final 21 days after the date of the
decision unless the decision of the hearing examiner is appealed to the
Snohomish County Superior Court; and (5) a statement that if the graffiti is
not abated by the deadline established in the decision and order that the city
or its contractor may abate the graffiti and the cost of abatement will be a
personal obligation of the responsible party and a lien against the graffiti
nuisance property.
(I)The hearing examiner shall mail hislher decision to the named
party by regular and certified mail, and a copy ofthe decision also shall be
posted on the property in a conspicuous location.
(2) Any review of the decision of the hearing examiner must be by
land use petition filed within 21 days of issuance of the decision and order
in the Snohomish County Superior Court in accordance with the Land Use
Petition Act.
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6.25.060 Removal by city.
When the deadline established under this chapter has passed, and the
property is deemed graffiti nuisance property, the city may abate the graffiti
nuisance property. Either city resources or contractors may be used in
abating the graffiti nuisance property.
Using any lawful means, the city and its representatives may enter
upon the graffiti nuisance property and abate the graffiti. The city may seek
such judicial process or writ as is deemed necessary to carry out the
abatement.
6.25.070 City cost recoverable-Debt -Lien.
If the city is required to remove graffiti and abate a graffiti nuisance
property, the city shall bill the cost of removal and abatement to the
responsible party. The costs billed shall be due and payable to the city
within 10 calendar days ofbilling. The costs billed shall include the value of
the use ofcity staff and resources at the current established hourly rate and
all payments made to third parties.
If the costs billed are not paid when due, they shall be a personal
debt ofthe responsible party and automatically the costs shall be a lien upon
the graffiti nuisance property. The city may take all lawful action to collect
the debt of the responsible party or to foreclose its lien upon the graffiti
nuisance property.
6.25.075 Sale or gift of aerosol paint and indelible markers.
On a voluntary basis, the Marysville City Council requests and
encourages all businesses within the City and all citizens to refrain from
selling, offering to sell, cause to be sold, giving or lending any aerosol paint
or pressurized container of paint or any indelible marker to any minor under
the age of 18 years. Businesses are encouraged to require picture
identification for all persons who may be under the age of 18 years. All
businesses who offer for sale aerosol paint or indelible markers are
requested to voluntarily restrict access to those items from the public by
either placing them behind a locked counter, cabinet or other storage facility
so that access to them cannot be gained without their being unlocked by an
authorized employee or other authorized representative of such business or
by placing them in a location where they can be in constant, uninterrupted
view of an authorized employee or other authorized representative of such
business. Within one year of the effective date of this ordinance the City
Council shall review the effectiveness of this section and shall consider
whether such provisions shall be made mandatory rather than voluntary.
6.25.077 Rewards.
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CITY OF MARYSVILLE
The City may offer a reward not to exceed $300.00 for information
leading to the identification and apprehension of any person who willfully
damages or destroys any public or private property by the use of graffiti.
The actual amount awarded (not to exceed $300.00)shall be determined in
the discretion of the Chief of Police. In the event of damage to public
property,the offender or the parents or legal guardian ofany unemancipated
minor must reimburse the City for any reward paid. In the event ofmultiple
contributors of information,the reward amount shall be divided by the City
in the manner it shall deem appropriate.Claims for rewards under this
section shall be filed with the Chief of Police or his designee in the manner
specified by the Marysville Police Department.No claim for a reward shall
be allowed unless the City investigates and verifies the accuracy of the
claim and determines that the requirements of this section have been
satisfied.
6.25.080 Severability.
The provisions of this chapter are declared to be separate and
severable.If any clause,sentence,paragraph,subdivision,section,
subsection or portion ofthis chapter, or the application thereofto any person
or circumstance,is held to be invalid,it shall not affect the validity of the
remainder of this chapter,or the validity of its application to other persons
or circumstances.
H<.
PASSED by the City Council and APPROVED by the Mayor this ~day of
JaRHary,2007.
Fe \'YIAIX.r,
BY~L;/J
DENNIS KENDALL,Mayor
ATTEST:
Bydl~A~
LILLIE LEIN,Deputy City Clerk
ORDINANCE - 6
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Approved as to form:
By.A~IcUA..Q
GRANT K.WEED,City Attorney
Date ofPublication:,.-I L{-C I
Effective Date (5 days after publication):;l.-(q -07
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