HomeMy WebLinkAboutOrdinance 10-060-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 10- O&D -CC
RESOLUTION NO. 10- OkO - CC
AN ORDINANCE AMENDING
CHAPTER 6.38 OF THE GRANT COUNTY CODE
RECITALS:
WHEREAS, in 2009 the Board of County Commissioners adopted Ordinance No. 09 -106 -CC
(codified as Chapter 6.38 GCC), establishing requirements for removal of graffiti found upon public
and private property within the County; and
WHEREAS, it is the desire of the Board of County Commissioners to continue its effort to promote
and improve the health, safety, and welfare of the County; and
WHEREAS, graffiti has long been and continues to be associated with criminal conduct and,
recently, been associated with criminal gang activity and organized criminal activity; and
WHEREAS, the Board of County Commissioners finds the amendment of Chapter 6.38 GCC is in
the best interests of the public, and necessary for the protection of public health, public safety, public
property, and/or the public peace.
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Chapter 6.38 GCC adopted by Grant County Ordinance No. 09 -106 -CC (2009) is
amended as follows:
SECTIONS
6.38.010
Short Title.
6.38.020
Definitions.
6.38.030
Prohibition of Graffiti.
6.38.040
Failure to Remove Graffiti.
6.38.050
Graffiti — Notice of Removal
6.38.060
Appeal.
6.38.070
Removal of Graffiti by County.
6.38.080
Costs Enforceable — Debt — Lien.
6.38.090
Violation — Penalty.
6 38 100
Taggin and Graffiti — Spray Paint
6.38.100 6.38.110 Severability.
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6.38.010 Short title.
This chapter shall be known and may be commonly referred to and cited as the "graffiti abatement
code."
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.020 Definitions.
As used in this graffiti abatement code, unless the context clearly indicates otherwise, the following
terms have the following meanings. All words used in the present tense include the future and past
tense; all words in the plural number include the singular number and all words in the singular
number include the plural number. The word "shall" is always mandatory and not merely directory.
"Abate" means the removal, painting over, or other obscuring of graffiti from view.
"Duly authorized personnel" shall mean any police officer or other law enforcement officer, fire
marshal and building department personnel, jurisdictional health department, planning and solid
waste department personnel, and those public employees charged with the responsibility of operating
and maintaining all public and private places within the provisions of this chapter.
"Graffiti" means the defacing, damaging or destroying by spraying of paint or making of ink, chalk,
dye or other similar substances on public or private buildings, structures, facilities, natural features,
and places.
"Graffiti abatement procedure" means the abatement process; which identifies graffiti, issues notice
to the property owner to abate the graffiti, and cures in absence of response.
"Owner" means any person or persons, entity or entities, corporations or other associations having a
legal or equitable interest in real or personal property including but not limited to the interest of a
tenant or lessee.
"Physical Damage" in addition to its ordinary meaning shall also include any diminution in the
value of any property as the consequence of an act.
"Property" means property, both real and personal, 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.
"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.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.030 Prohibition of graffiti.
It shall be unlawful for any person to spray, write, paint and/or apply graffiti or other inscription, or
draw an inscription, figure, or mark upon a building, fence gate, sign, bridge, or other structure, tree
or rock, regardless of being either publically or privately owned, within the Grant County.
(Ord. No. 09 -106 -CC, 12-8-2009)
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6.3 8.040 Failure to remove graffiti prohibited.
It shall be unlawful for the owner of any real property in Grant County to permit any graffiti to
remain on their property more than fifteen days after receipt of a notice to abate, providing seasonal
temperatures and weather conditions permit the painting of exterior surfaces. If seasonal
temperatures and weather conditions do not allow for the painting of exterior surfaces within the
fifteen -day grace period, owner shall make arrangements with any duly authorized personnel, or one
of their representatives, to extend the fifteen -day period. Said arrangements shall be in writing,
signed by the owner and duly authorized personnel and/or one of their representatives. Such
arrangements shall include a reasonable alternative for temporarily covering or obscuring the graffiti
until painting is permitted
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.050 Graffiti --Notice of removal
(1) Procedure. Whenever duly authorized personnel or one of their representatives, determines that
graffiti exists upon any building, fence gate, sign, bridge, or other structure, tree or rock, regardless
of being either publically or privately owned, and when seasonal temperatures permit the painting of
exterior surfaces, such duly authorized personnel or one of their representatives, shall cause a notice
to be issued to abate such nuisance. The property owner shall have fifteen days after the date of the
notice to remove the graffiti or the same will be subject to abatement by the County. The notice
required by this section may be served in any one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property; or
2. By certified mail/retum receipt requested to such owners' name and address as appears on the last
property tax assessment rolls of Grant County, Washington. If there is no known address for the
owner, the notice shall be sent in care of the property address.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.060 Appeal.
Within ten days from the mailing or from personal service of the notice of intent to remove graffiti,
the owner or responsible party of the premises affected may appeal the matter to the Board of County
Commissioners. Filing an appeal will stay, during the pendency of the appeal, any enforcement
actions by the County to abate the graffiti nuisance. The Board of County Commissioners may
delegate the appeal to an appointed hearing office or examiner whose decision shall be the final
decision of the County. PROVIDED: The hearing examiner's decision becomes final twenty-one
days after the date of the decision unless the decision of the hearing examiner is appealed to the
Grant County Superior Court.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.070 Removal of graffiti by County --Abatement procedure.
Upon failure of the owner or responsible party to comply with the notice of intent to remove graffiti
by the designated date, or such continued date thereafter as duly authorized personnel or one of their
representatives approves, then duly authorized personnel shall be authorized to enter upon any real
property for the purpose of administering this chapter and any power exercisable pursuant thereto,
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and to cause the graffiti to be abated by County force/agency or by private contract, and the County
and/or its designated private contractor is expressly authorized to entered upon the premises,
pursuant to warrant and/or court order, for such purposes. All reasonable efforts to minimize damage
from such entry shall by taken by the County, and any paint used to obliterate or cover graffiti shall
be as close as practicable to background color(s). If duly authorized personnel provides for the
removal of the graffiti, he/she 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. PROVIDED: No action for
trespass or damages shall lie so long as such entry and any activities connected therewith are
undertaken and prosecuted with reasonable care.
PROVIDED: In the event that the owner or responsible party fails to remove the graffiti after notice
has been sent, the County may, at its option, in lieu of the above procedure, abate the graffiti as a
nuisance under County ordinances and/or state law.
PROVIDED: The owner or responsible party may consent in advance to County entry onto private
property for graffiti removal purposes.
PROVIDED: Should any duly authorized personnel be denied access to private property where such
access was sought to carry out the purpose and provisions of this chapter, the County may apply to
any court of competent jurisdiction for a search warrant and/or court order authorizing access to such
property for said purpose. The court may upon such application issue the search warrant and/or order
for the purpose requested.
PROVIDED: In the event the County exercises the option to abate the graffiti, the Grant County
Public Works Department shall be responsible for such graffiti removal and will budget
appropriately as well as coordinate or contract for such removal using County resources, but may
also include private companies and/or civic organizations.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.080 Costs Enforceable—Debt--Lien.
Any and all costs incurred by the County in the abatement of graffiti as provided in this chapter shall
constitute a debt owed to the County by the owner or responsible party, and shall be enforceable as a
lien against the property upon such graffiti existed, in addition to other legal remedies available for
enforcement of debts.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.090 Violation --Penalty.
Notwithstanding terms and conditions set forth in Section 6.38.100 below, the violation of any
provision of this chapter may4e maybe prosecuted as a violation of RCW 9A.48.090, as applicable
or otherwise as a misdemeanor. PROVIDED: If a minor is personally unable to pay any fine or
restitution levied for violating any provision of this chapter, the parents or legal guardian shall be
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liable for the payment of the fine or restitution for any intentional acts by the minor as set forth in
RCW 4.24.190.
(Ord. No. 09 -106 -CC, 12-8-2009)
6.38.100 Ta2dne and Graffiti — Spray Paint
A person is guilty of tagging and graffiti with spray paint if he or she uses any device that does, is
designed to, or can be used to spray paint, to knowingly and or maliciously cause physical damage to
the property of another, under circumstances not amounting to malicious mischief in the first or
second degree.
PROVIDED: Tagging and graffiti with spray paint is a gross misdemeanor offense and any person
who is convicted of a violation of this code shall be punished as follows: (1) By imprisonment for
not less than thirty days nor more than one year in jail. (2) Upon request from the defendant the
court may convert jail time to community service hours with each individual day of jail sentenced
being equal to eight hours of community service. (3) Such sentence must run consecutive to any
other sentence.
635:100 6.38.110 Severability.
The provisions of this chapter are declared to be separate and severable. If any clause, sentence,
paragraph, subdivision, section, subsection or portion of this chapter, or the application thereof to
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.
(Ord. No. 09 -106 -CC, 12-8-2009)
Section 2. If any provision of this ordinance or its application to any person, entity or circumstance
is, for nay reason, held invalid or unconstitutional, the remainder of the ordinance or its application
to other persons entities or circumstances shall not be affected.
Section 3. This ordinance, amending the existing text for chapter 6.38 GCC, shall be effective when
signed.
A public hearing was held on the above ordinance/resolution at 11:00 o'clock a.m., on the 3`d
day of August, 2010.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF
COUNTY COMMISSIONERS adopt this ordinance.
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PASSED AND ADOPTED this day of 2010.
BOARDOFCOUNTYCOMMISSIONERS
j NTCOUNTY,WASHINIGTON
Cindy Cart , Chair
M
Swartz, Vice hair
Richard B. Stevens, Member
PUBLISHED: 7/15/10; 7/22/10
Approved as .
By
Dalton Lee ce
Deputy Prosecuting Attorney
nate' 7"5—(/0
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