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10. Ordinance 1584 - Graffiti Ordinance - 1st ReadingKALISPELL POLICE DEPARTMENT :', 4 2 2 Q- A #E EAST — O Bow 1 997 — Kim �� �� 0 3 T E LE F H 0 N EE '(406) 7!5&7'/ 80 - FAx (406) 7 5&7799 E-MA - KDCKSPEL ,C0M REPORT: Honorable Mayor and City Council FROM: Fri Gamer, Chief of Police SUBJECT. Graffiti ordinance MEWING .ATE: September 5. 2006 P6114cing, Tbroygb ParmNp 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