HomeMy WebLinkAboutResolution 09-106-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 09-�-CC
RESOLUTION NO. 09-�- CC
AN ORDINANCE ADOPTING A NEW CHAPTER TO TITLE 6
OF THE GRANT COUNTY CODE RELATING TO GRAFFITI
AND NUSIANCES; AND PROVIDING FOR SEVERABILITY
RECITALS:
WHEREAS, it is the desire of the Board of County Commissioners to promote and improve the
health, safety, and welfare of the County; and
WHEREAS, graffiti has long been associated with criminal conduct and, recently, been associated
with criminal gang activity and organized criminal activity; and
WHEREAS, the removal and control of graffiti is essential to taking a proactive stance to prevent
criminal activity; and
WHEREAS, the most effective method to reduce graffiti is to quicicly remove any graffiti that does
occur; and
WHEREAS, the Board of County Commissioners finds that graffiti presents a challenge to the
aesthetic beauty of Grant County, and further finds that it is appropriate to declare graffiti a nuisance;
and
WHEREAS, the Board of County Commissioners finds that this Ordinance is 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:
THERE IS ADOPTED AS A NEW CHAPTER TO TITLE 6 OF THE GRANT COUNTY
CODE, CHAPTER 6.38, THE SAME TO READ AS FOLLOWS:
SECTIONS
6.38.010 Short Title.
6.38.020 Definitions.
6.38.030 Prohibition of Graffiti.
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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 Severability.
6.38.010 Short title.
This chapter shall be known and may be commonly referred to and cited as the "graffiti abatement code."
6.38.020 Definitions.
As used in this graf�ti 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 of�cer or other law enforcement officer, fire
marshal and building departrnent 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 graf�ti, 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.
"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.
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.
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6.38.040 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 15 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 15-
day grace period, owner shall make arrangements with any duly authorized personnel, or one of their
representatives, to extend the 15-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 teinporarily covering or obscuring the graffiti until painting is
permitted
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 rocic, 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 15 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/return 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.
6.38.060 Appeal.
Within 10 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 21 days after
the date of the decision unless the decision of the hearing examiner is appealed to the Grant County
Superior Court.
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 fox 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 bacicground 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 Worlcs 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.
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.
6.38.090 Violation — Penalty.
The violation of any provision of this chapter may be 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 liable for the payment of the fine or restitution for any intentional acts by the minor as set forth in
RCW 4.24.190.
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6.38.100 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 aF%ct the validity of the remainder of
this chapter, or the validity of its application to other persons or circumstances.
This ordinance shall talce effect the gtl' day of December 2009.
A public hearing was held on the above ordinance/resolution at 9:30 o'clock a.m., on the Sth
day of December, 2009.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF
COUNTY COMMISSIONERS adopt this ordinance.
PASSED AND ADOPTED this 8th day of December. 2009.
Yea Nay
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ATTF.CT•
BOARDOFCOUNTYCOMMISSIONERS
Abstain GRANTCOUNTY,WASHINGTON
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Cindy . C rter, Chair
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Ric ard B. Stevens, Vice Chair
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Carolann Swartz, Member
PUBLISHED; 11/23/09; 11/30/09
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