4. Ordinance 1584 - Graffiti Ordinance - 2nd ReadingK""'ALISPELL POLICE DEPARTMENT
31 2 G �T AvF EAST — PO Box 1997 — KAL.3SPLL, MT 59903
REPORT: Honorable Mayor and City Council
FROM: Frank Gamer, Chief ofPolice
SUBJECT: Graffiti Ordinance Second Reading
MEETINGDATE: September 18, 200
BACKGROUND:, The council recently, discussed the ponce department's request for
a city wide ord nanec regarding graffiti at a workshop. one of the recommendations
included an ordinance that requires graffiti be removed within 1.0 days. The intent of the
ordinance is to ensure timely removal of graffiti so It does not attract more and to
promote a positive image of the city to improve neighborhood safety. The ordina ee
Mould make a violation a civil infraction that includes a provision for the city to abate
those areas that are not in coforr.ance.
RECOMMENDATIONS: The counell should adopt an ordinance to require the
removal of graffiti.
FISCAL EFFECTS., As described,
ALTERNATIVES: As recommended by council.
Respectfully submitted.,
.r /Garner-
Chiefof Police
e H. Patrick
City Mager
FRANK GARNER, CHIEF. 0r- LI {E RO[---R KA ). _S ANT CHIEF OF ' �.. C
ORDINANCE NO, 1584
AN ORDINANCE REQUIRING THE REMOVAL of GRAFFITI PIACED ON
PROPERTY IN THE CITY of KALISPELL, ESTABLISHING RESTITUTION'
REQUIREMENTS ESTABLISHING ABATEMENT. MEASURES FOR THE FAILURE
TO REMOVE GRAFFITI, AUTHORIZING THE CITY ATTORNEY To CODIFY
SAME AND DECKING AN EFFECTIVE DATE.
E IT ORDAINED BY THE CITY COUNCIL of THE CITY OF KALISPELL, MON Al A,
AS FOLLOWS:
SECTION I Grath Declared to be a Public e Nuisance. The existence of graffiti,
defined as any u autboriz d writing, inscription, scratch or other marking, on public or
private property is expressly declared to be a public nuisance alad, therefore, is subject to
the removal and abatement ent provision as specified in this Ordinance.
SECTION 11 Obligation of the Perpetrator. Persons who have defaced public or
private property with graffiti shall be charged with the crime of criminal mischief, or
appropriate felony if damages exceed $1,000.00, and shall be required, as a part of their
sentence, to pay full 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 after service by first class rail of notice of 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 rty 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 tern 1 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 v1 below.
(4) An information sheet identifying any graffiti removal assistance programs
available through the City and private graffiti removal contractors.
SECTION IV Failure to Comply.
Upon failure, neglect or refusal to remove the graffiti during the prescribed period, the
City shall give notice to the non -complying plying 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 t . 0) days from
the date of notice of noncompliance ce to remove the graffiti-,
(2) A. statement that upon failure to comply, the City may, by its own work forces or
y contract, cause the graffiti to be removed and the cost therefore shall be assessed
against the non -complying real property together with an additional administrative
cost in the amount of fifty $50.00dollars-,
(3) That the assessed amount, together with costs 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 er of record as shown
on the tax rolls of Flathead County. Upon .ailing, the Chief of Police, or his designee,
shall execute an affidavit of mailing. Notice shall be 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 fails 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, t, Kalispell Municipal Court shall
notice the property oer of record of the filing of the petition and set a 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 on -
complying property and to abate the graffiti and shall assess the costs of removal, as well
as an additional fifty $ o.00) administrative fee against the owner of record of the non -
Complying property.
SECTION VIII 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 list will be incorporated into a
special assessment resolution that shall be presented to City Council for consideration.
Upon passage of the resolution, the assessments stated therein shall constitute a special
assessment, as provided by MC - -101 and -. -4123.
SECTION IX The City Attorney is hereby authorized and directed to codify this
ordinance.
SECTION X This ordinance shall be effective thirty 3) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 18TH DAY OF SEPTEMBER, 2006.
Pamela B. Kennedy
Mayor
Attest.*
Theresa White
City Clerk