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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. ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page I V \Civil NNEPARTMENTS'Ordina ces\2010\Togging'.Docu=ait5 ORDINANCE 9.8-10 doe 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) ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page 2 Y:\Civil R.DEPAR I MEMS\ONin-,m,\2010\Te,i.11D ..m.ORDINANCE7-8-IQ&a - 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, ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page 3 Y \Civil BIDEPARIMENTS\O,dl ,,,o 2010'1711--,`A ,—nl, ORDINANCE 1-8.10 doe 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 ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page 4 Y'\C-18\DEPARTMENTS\Ord,nemcs\2010\Tug8inglE). u. cros\ORDINANCE 7-8-10 da 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. ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page 5 Y1Civi18\DEPARTMENTS\O,di,,.cc,�010\Tugging\D,c ,m ,s,ORDINANCE 1-8-10.doc 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 ORDINANCE AMENDING GRAFFITI ABATEMENT CODE - Page 6 Y.\Civil 8\DEPARTMENTS\Ordinaacs\2010\Tagging\Docar nts\ORDINANCE-18-10. doc