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Ordinance 1584 - Graffiti RemovalORDINANCE NO, 15$4 AN ORDINANCE REQUIRING THE REMOVAL OF GRAFFITI PLACED ON PROPERTY IN THE CITY OF KALISPELL, ESTABLISHING RESTITUTION REQI IREMENTS9 ESTABLISHING ABATEMENT MEASURES FOR THE FAILURE TO REMOVE GRAFFITI, AUTHORIZING THE CITY ATTORNEY TO CODIFY SAME, AND DECLARING AN EFFECTIVE HATE. E IT ORDAINED BY THE CITY COUNCIL of THE CITY of KALISPELL., MONTANA, AS FOLLOWS. SECTION I Grath Declared to be a Public Nuisance. 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 t the removal and abatement provision as specified in this ordinance. SECTION II obligation of the Perpetrator. et or•. Persons s who have defaced piablic or .private property with graffiti shall be charged with the crime of criminal mischief, f, 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 ) days after service by first class mail 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 has been defaced ith graffiti with a concise description of the defacement, which may include a photograph; (3) A statement that the graffiti must be removed within ten 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 property owner. Such notice shall provide the following: (1) A statement t of finding by the Chief of Police that the non-complyingnon-complying property ow-ner 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 ) days from the date of notice of noncompliance 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 plying real property together with are additional administrative cost in the amount of fifty $50.00) dollars-, (3) That the assessed amount., together with costs shall constitute alien 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 deternination that they have failed to comply with the requirements ents of this ordinance to the Kalispell Municipal Court. SECTION V Nonce. 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 tag rolls of Flathead County. Upon mailing, 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 n Abatement Pro ceedings. ee i .. Prior to entering upon private property or property owned by a public ent ty 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 f 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 of record of the filing of the petition and set an evidentiary hearing within twenty 2 days. In the evert the Kalispell Municipal Court finds the graffiti to exist and remain unabated it shall authorize the City to enter upon the non complyi g 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 on - 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 CounckI 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 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 I ts final passage and approval. PASSED .AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 18TH DAY OF SEPTEMBER, 2006. S ry�Y Pamela . Ke . eO Mayor ATTEST: Theresa White City clerk