10. Ordinance 1584 - Graffiti Ordinance - 1st ReadingKALISPELL POLICE DEPARTMENT
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REPORT: Honorable Mayor and City Council
FROM: Fri Gamer, Chief of Police
SUBJECT. Graffiti ordinance
MEWING .ATE: September 5. 2006
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ACKGROU : The council recently discussed the police department's request for
city pride ordinance regarding graffiti at a workshop. One of the recommendations
included an ordinance that requires graffiti be removed within 10 days. The intent of the
ordinance is to ensure timely removal of graffiti so it does not bract more and t
promote a positive image of the city to improve neighborhood safety. The ordinance
would make a violation a Civil infraction that includes a provisionfor the city to abate
those areas that are not in conformance.
RECOTINS: The council should adapt an ordinance to require the
removal of graffiti.
FISCAL EFFECTS: As cscn*c .
AL"ERNATWES: As recommended by council_
Respectfully sub fitted,
Fr nk Garner
Chief of Police
i�lY
mes 4.—P-atrick
City Manager
RANK G RNEE-ER# CHIEF O O CZE * ROGE,9 KR US ; ASSISTANT CHIEF P
ORDINANCE NO. 1584
AN ORDINANCE REQUIRING THE REMOVAL of GRAFFITI PLACED ON
PROPERTY IEN THE CITY of KALISPELL, ESTABLISHING RESTITUTION
REU REMENTS9 ESTABLISHING ABATEMENT MEASURES FOR. THE FAILURE
To REMOVE GRAFFITI.) AUTHORIZING THE CITY ATTORNEY To CODIFY
SAME, AND DECLARING AN EFFECTWE DATE.
BE IT ORDAINED Y THE CITY COUNCIL of THE CITY OF KALISPELL, MO TAN ,
AS FOLLOWS:
SECTION I Graffiti Declared to be a PublicNuisance. The existence of graffiti,
defined as any unauthorized writing, inscription, scratch or other marking, on public or
private property is expressly declared to be a. public nuisance and therefore is subject to
the removal and abatement provision as specified in this ordinance.
SECTION 11 obligation o: f the .perpetrator. Persons who have defaced public or
private property with graffiti shall be charged with the c me of criminal mischief, or
appropriate felony if damages exceed $1,0o .0 , and shall be required, as a. part of their
sentence, to pay fill restitution to the property owner or the City for the costs of the
removal of the graffiti, which may include a. reasonable cost for labor.
SECTION III Obligation of the Property owner.
A. it is the duty of the owner of record of the property to which the graffiti has been
applied to remove the graffiti.
B. It is unlawful for any person who is the owner of record of property to permit that
property which has been defaced with graffiti to remain defaced for a period exceeding
ten 10 days altar service by first class mail of noticeof graffiti defacement. The notice
shall contain the following information:
(1) The street address or legal description of the property-,
(2) A. statement of finding by the Chief of Police that the property has been defaced
with graffiti with a. concise description of the defacement, which may include a.
photograph;
(3) .A statement that the graffiti must be removed within ten l o days after receipt
of notice and that if the graffiti is not removed within that time the City will declare,
through its Chief of Police, the property to be a. public nuisance,, subject to the
abatement procedures set forth in Section VI below.
(4) An information sheet identifying any graffiti removal assistance programs
available through the City and private graffiti removal contractors.
SECTION IV Failure to coM �.
'Upon failure, neglect or refusal to remove the graffiti during the prescribed period, the
City shall give notice to the non -complying property owner. Such notice shall provide
the Following:
(1) A statement of finding by the Chief of police that the non -complying property
owner of record has Failed to comply and that defaced property is a public nuisance
and that the non -complying property owner of record is allowed ten l o days fTom
the date of notice of noncompliance to remove thegraffiti;
(2) A statement that upon failure to comply, the City may, by its own work forces or
by contract, cause the graffiti to be removed and the cost therefore shall he assessed
against the nor -complying real property together with an additional ad n�nis rative
cost in the amount of fifty $ o.00 dollars;
(3) That the assessed amount, together with cosh shall constitute a lien upon the
non -complying real property and will be taxed as a special assessment against the
real property-,
(4) That the property owner may appeal any determination that they have failed to
comply with the requirements of this ordinance to the Kalispell Municipal Court.
SECTION v Notice. Notice under this ordinance is sufficient if served upon the
property owner of record personally or by regular mail to the last known address of the
property owner of record or to the last address of the property owner of record as shown
on the tax rolls of Flathead County. Upon mailing, the Chief of Police, or his designee,
shall execute an affidavit of mailing. Notice shall he deemed given when deposited in the
United States .postal Service receptacle.
SECTION VI Entry Upon .private Property and Abatement Proceedings. Prior to
entering upon private property or property owned by a public entity other than the City
For the purpose of graffiti removal, the City shall attempt to secure the consent of the
property owner of record and a release of the City from liability for property damage or
personal injury. If the property owner of record Falls to give consent or provide a release
of liability, the City shall petition the Kalispell Municipal Court for an order authorizing
entry upon private property for abatement purposes and cost recovery for graffiti
removal. Upon receiving the Petition for Abatement, Kalispell Municipal Court shall
notice the property owner o record o the ling o the petition and ,set an evidentiary
hearing within twenty 2 days. In the event the Kalispell Municipal Court finds the
graffiti to exist and remain unabated, it shall authorize the City to enter upon the no -
complying property and to abate the graffiti and shall assess the costs of removal, as well
as an additional Fifty $50.00administrative fee against the owner of record of the non-
complying property.
SECTION V111 Cost Recovery. Annually the City shall prepare a list of all lots, tracts
and parcels of real property within the City from which graffiti was removed by the City
but for which It was not reimbursed. This assessment .t list will be incorporated into a
special assessment resolution that shall be presentees to City Council for consideration.
Upon passage of the resolution, the assessments stated therein shall constitute a special
assessment, as provided by MCA 7-1 -101 and 7-5-4123.
SECTION N IX The City Attomey is hereby authofized and directed to codify this
ordinance.
SECTION X This ordinance ce shall be effective thirty days from and after the date o
l is final passage and approval.
PASSED ,AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS DAY of SEPTEMBER, 2006.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk