§ 13-16. Graffiti.

(a)

Intent. Graffiti on private or public property is a blighting factor which deteriorates property and depreciates the value of the property and of adjacent and surrounding properties. The city council finds that graffiti or related inscribed material is a public nuisance and recognizes that it is done without the permission of the property owner and constitutes an act of vandalism and is criminal activity under state law. It is the city council's further intent to provide for the prohibition of the placement of graffiti on public or private property as set forth in this section. Graffiti is inconsistent with the city's aesthetic standards and is injurious to the comfort, welfare and safety of the community. The existence of graffiti tends to breed community discontent and further criminal activity. The prompt removal of graffiti is necessary to prevent its proliferation and failure to promptly remove or obscure graffiti increases the likelihood and probability that more graffiti will occur on the same site and on other nearby property. While a property and its owner or possessor are usually victims of the graffiti, it is always the duty of the owner or possessor of the property to remove graffiti immediately. To assist in preventing and controlling the spread of graffiti, the city council authorizes the use of city funds to remove graffiti on public and private property as set forth in this section. The council does not intend for this section to conflict with any existing state law.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Graffiti means any writing, drawing, inscription, figure, letter, number, symbol, word, marking or combination or other defacement with paint, ink, chalk, dye or other similar substances, or which are etched on public or private buildings, structures or places which are not authorized in advance by the property owner, or which are not permitted under the city's codes and ordinances, or despite authorization by the property owner or responsible party, is otherwise deemed a public nuisance by the city. Graffiti includes but is not limited to any form of writing, drawing, doodling, inscription, figure, letter, number, words, symbol, marking or etching, initials, slogans, aphorisms, threats or insults, expressions of profanity, or that which is deemed obscene, vulgar or otherwise offensive, or other defacements, regardless of the content or nature of the materials used in the commission of the act. The definition of graffiti in section 13-1 of Ordinance No. 718-05 codified as section 13-1, Definitions of the Code of Ordinances of the City of Albertville is hereby deleted.

Graffiti nuisance means any graffiti that has not been immediately removed or otherwise abated by the owner or responsible party of the property.

Ordinance enforcement officer means the person or persons designated by the city to enforce ordinance violations, other than the police department.

Owner means the recorded legal titleholder or any person, group, firm, company, association, limited liability company or corporation having a legal or equitable interest in real or personal property, including but not limited to, the interest of a lessee, tenant or occupant or possessor of property.

Property means any real or personal property, including but not limited to any building, structure, wall, sign or fence, or that which is affixed, incidental or appurtenant to real property.

Public nuisance means any public nuisance known at common law, or that which may be detrimental to the health, safety or welfare of the public. Property defaced by graffiti is declared a public nuisance.

Responsible party means an owner, lessee, tenant, occupant or any person having possession, charge or control of a property. Regardless of any arrangement or agreement to the contrary with any other party, each owner shall be a responsible party for the purposes of this section. There may be more than one responsible party for a property.

(c)

Graffiti prohibited.

(1)

Application of graffiti. It shall be unlawful for any person to write, paint, scratch, inscribe, scrawl, spray, place, draw or otherwise apply graffiti to any public or private building, structure or any other property within the city. Any person convicted of an offense under this subsection (c)(1) shall be fined not less than five hundred dollars ($500.00) and/or sentenced up to six (6) months in the city jail.

(2)

Duty of owner or responsible party. It shall be the duty of the owner or responsible party of a property to maintain that property free from graffiti. It shall be unlawful for an owner or responsible party to allow graffiti to remain on his property or to fail, neglect or refuse to immediately remove or abate any graffiti from his property. Any owner or responsible party whose property is vandalized by the application of graffiti is encouraged to notify the ordinance enforcement officer or the chief of police or his designee. Upon notification, the chief of police or other appropriate contact within the police department shall record all reports of graffiti for investigation and reference purposes. If the owner or responsible party notifies the ordinance enforcement officer or the chief of police or his designee as provided in this subsection, such owner or responsible party shall be allowed seven (7) days from the date of such notification to abate the graffiti nuisance. Should the owner or responsible party fail, neglect or refuse to remove or abate the graffiti from the property within the seven days provided in this subsection, the owner or responsible party shall be issued a notice from the ordinance enforcement officer to abate the graffiti as provided in subsection (d)(2) of this section.

(d)

Enforcement.

(1)

Inspections. The ordinance enforcement officer or any designee or any designee of the police department is authorized to make inspections of properties within the city to enforce the provisions of this section.

(2)

Notice. If the owner or responsible party of any real property within the corporate limits of the city shall fail, neglect or refuse to comply with the provisions of this section, the ordinance enforcement officer or any designee may cause to be served upon the owner or responsible party, in person or by first class mail, a written notice apprising the owner or responsible party of the violation of this section and requiring such owner or responsible party to comply with this section by removing or abating graffiti within seven (7) days of the date of the notice is issued. This notice shall contain the street address or location of the property, a statement that the property is a graffiti nuisance, a concise description of the conditions that render the property a graffiti nuisance, and a statement that the graffiti nuisance must be abated by removal within a time as specified in the notice. The notice shall advise the owner or responsible party that if the graffiti nuisance is not abated within the allowed time, the city may enter the property and abate the graffiti nuisance and assess the costs of abatement to the property owner or responsible party and cause a citation to the municipal court to be issued for a violation of this section. The notice shall also advise that the owner or responsible party may request an appeal hearing as set forth in subsection (d)(3) of this section and shall name the date, time and place for the hearing.

(3)

Appeal hearing. An owner or responsible party receiving a notice may request an administrative hearing before the ordinance enforcement officer or other hearing officer as designated by the ordinance enforcement officer to determine whether the owner or responsible party is in violation of this section. The ordinance enforcement officer and the owner or responsible party shall have the right to compel attendance of witnesses on their behalf at this hearing. If, after the hearing, the ordinance enforcement officer determines that this section has been violated, the owner or responsible party shall have five (5) days from the date of notification of the determination to comply with this section. If the owner or responsible party fails, neglects or refuses to comply after such notification, the ordinance enforcement officer may institute the following enforcement procedures:

a.

The ordinance enforcement officer may cause the abatement of the graffiti nuisance by removing or obscuring the graffiti. An account of the costs of the abatement shall be kept by the ordinance enforcement officer. Costs may include but are not limited to costs incurred in inspecting the property, documenting the nuisance, preparation of notices, work orders and abatement contracts, and inspection of the abatement work, legal expenses and other expenses. A billing notice of the expenses incurred by the city for the graffiti abatement may be served upon the owner or responsible party by certified mail or by personal delivery. The billing notice shall include the street address or location of the property where the abatement occurred and a statement of the expenses incurred by the city for abating the nuisance on the subject property and requiring that the expenses be paid to the city within thirty (30) days from the date of the billing notice, or an assessment may be placed against the subject property. If the expenses are not paid within the allotted time, the ordinance enforcement officer may render an itemized report in writing to the city council setting forth the costs for abating the graffiti nuisance and requesting that an assessment be placed against the subject property. The ordinance enforcement officer shall notify the owner or responsible party at least five (5) days in advance of the time fixed for the council to receive the report and the owner or responsible party may appear at that time and present any objections to the report. At the time fixed for receiving and considering the report, the council shall hear the report, along with any objections which may be raised by the owner or responsible party whose property is liable to be assessed for the abatement. The council may make such modifications to the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amounts set forth in the report shall constitute special assessments against the subject property and shall constitute a lien on the property for the amount of the assessments. After confirmation of the report, a copy shall be given to the city clerk who is charged with the collection of assessments and it shall be the duty of the city clerk to charge the assessments against the respective property; and thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal assessments are collected and shall be subject to the same penalties and the same procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal assessments.

b.

The ordinance enforcement officer may cause a citation to be issued to any owner or responsible party who, after written notice has been issued, fails, neglects or refuses to comply with the provisions of this section. Such citation shall name the party charged, the address or location of the property where the graffiti nuisance is located and the nature of the offense or violation. It shall also apprise the responsible party of the date, time and place at which to appear for court. Such citation shall be returnable to the municipal court.

c.

The ordinance enforcement officer may institute both enforcement procedures set forth in subsections (d)(3)a. and b. of this section.

(e)

Emergency removal. If the ordinance enforcement officer determines that any graffiti is an immediate danger to the health, safety or welfare of the public, then forty-eight (48) hours after the notice is posted on a conspicuous place on the property, the city may remove or cause the graffiti to be removed.

(f)

Right of entry. The ordinance enforcement officer is authorized to enter upon any property within the city for the purpose of enforcing this section, or for the purpose of abating a graffiti nuisance.

(g)

Materials. In no case shall the city be required to paint or repair any more extensive an area than that where graffiti is located or is necessary to remove or abate the graffiti, as determined by the ordinance enforcement officer. The city shall not be required to restore the property to its original condition with regards to color, texture or type material used for abatement.

(h)

Penalty. Any owner or responsible party of a graffiti nuisance property who violates this section by allowing graffiti to remain upon the property shall upon conviction be punished by a fine of not less than five hundred dollars ($500.00) and/or sentenced up to six (6) months in the city jail upon conviction in the municipal court.

(Ord. No. 718-05, § 1, 7-11-05; Ord. No. 812-07, 2-19-07)