[Ord. of 9-10-2007]
As used in this chapter, the following terms shall have the
meanings indicated:
All law enforcement officers of the City; the Mayor of the
City and/or his designees; the Public Works Director of the City and/or
his designees.
Any inscription, word, figure, painting or other defacement
that is marked, etched, scratched, sprayed, drawn, painted or engraved
on or otherwise affixed to any surface of public or private property
by any graffiti implement, to the extent that the graffiti was not
authorized in advance by the owner or occupant of the property, or
despite advance authorization, is otherwise deemed a public nuisance
by the hearing officer. This chapter shall not be construed to prohibit
easily removable chalk markings on public sidewalks and streets used
in connection with traditional children's games.
Any aerosol paint container, broad tipped indelible marker,
gum label, paint stick or graffiti stick, etching equipment, brush
or other device capable of scarring or leaving a visible mark on any
natural or man-made surface.
The charge made by the City and computed by the Director
of Public Works for removing graffiti from property, together with
any and all interest and penalties for nonpayment of the charges which
have accrued.
An attorney, not otherwise employed by the City, who is licensed to practice law in Connecticut and retained to serve as an independent tribunal to conduct hearings under this Chapter 9A.
Any felt tip marker, china marker or similar device that
is not water soluble, which has a flat or angled writing surface of
1/2 inch or greater.
Any person or entity so designated in the current land records
of the office of the City Clerk, and also any person or entity having
or claiming to have any legal or equitable interest in the premises
upon which graffiti is located.
[Ord. of 9-10-2007]
(a)
No person shall write, spray, scratch or otherwise affix graffiti
upon any property, public or private, in which another has an interest
and without the prior consent of such other person.
(b)
Any person violating any provision of this chapter shall be cited
for an infraction and fined in accordance with the General Statutes
of the state, in addition to any criminal penalties which may be imposed
pursuant to Chapter 952 of the General Statutes, as same may be amended
from time to time.
[Ord. of 9-10-2007]
It shall be unlawful for any person to possess any graffiti
implement while in or upon any public facility, park, playground,
swimming pool, recreational facility, or other public building or
structure owned or operated by the City unless otherwise authorized
by the City.
[Ord. of 9-10-2007]
The existence of graffiti upon any building, residence or other
structure or property within the City is expressly declared to be
a public nuisance and it shall be the duty of the owner and/or occupant
of any building, residence or other structure or property that has
been defaced by graffiti to promptly clean up or otherwise cover such
graffiti, or such graffiti shall be subject to abatement by the City
as hereinafter provided. However, it is not recommended but allowable
to clean up or otherwise cover graffiti without first notifying the
Milford Police Department of the existence of, and affording it the
opportunity to photograph said graffiti.
[Ord. of 9-10-2007]
Whenever any City employee or official authorized to enforce
this chapter finds graffiti on any property within the City which
can be seen by any person using any public right-of-way, such authorized
employee shall cause a notice to remove graffiti to be served upon
the owner, as shown in the current land records of the office of the
City Clerk. A copy of the form of the notice shall be on file at the
office of the City Clerk, the substantial form of which has been approved
with the passage of this chapter.
[Ord. of 9-10-2007]
The notice to remove graffiti shall be served upon the person/entity
whose name appears as the owner of the premises identified in the
land records of the office of the City Clerk, or if no address appears,
at the address of the property containing the graffiti. Such service
may be made either by personal delivery or by depositing the notice
in the United States mail, postage prepaid, certified mail, return
receipt requested, addressed to the owner at the most recent address
appearing in the land records of the office of the City Clerk. If
no address for the owner appears in said land records or if no address
appears upon the actual premises, then service of the notice to remove
graffiti may be made by posting the notice in a conspicuous place
upon the property. In such case, proof of service of the notice shall
be made by affidavit of the person posting the notice, and the affidavit
shall be sufficient for all purposes.
[Ord. of 9-10-2007]
Within 15 business days of the mailing or posting of the notice
to remove graffiti, the owner may appeal the notice or posting by
filing a notice of appeal at the Office of the Mayor, 110 River Street,
Milford, Connecticut. If there is an appeal timely filed, the hearing
officer shall establish a time certain, as soon as practicable, and
place for a hearing. The hearing officer shall then cause a notice
of hearing to be served by certified mail upon the owner who has appealed
at least five days before the hearing. Service shall be deemed completed
at the time of deposit of the notice in a receptacle maintained by
the United States Postal Service, with postage fully prepaid. The
failure of any person to receive such notice of hearing shall not
affect the validity of any proceeding under this chapter.
[Ord. of 9-10-2007]
(a)
On the date fixed for hearing or any adjournment or continuation
thereof, the hearing officer shall hear and view all evidence submitted
by the owner, the owner's agent, lien holders of record, occupants
or other parties in interest in the property upon which the graffiti
is situated, and all evidence submitted by the City. The hearing officer
may view the premises upon which the graffiti is situated. After review
of all the evidence submitted by the parties, the hearing officer
shall make written findings. Formal rules of evidence shall not apply
to hearings conducted under this section and hearings may be continued
as necessary or convenient.
(b)
The hearing officer shall determine whether the premises, as maintained,
constitute a public nuisance as set forth in this section. If the
hearing officer determines that a public nuisance exists, he shall
determine how the nuisance is to be abated and shall establish a time,
not to exceed 10 days from the date of decision, within which removal
and/or abatement shall take place; and in the event the owner fails
to correct the nuisance within the time described, the City shall
cause the nuisance to be abated and the costs incurred by the City
shall become the personal obligation of the owner and/or tenant and
a lien upon the property.
(c)
A copy of the hearing officer's determination shall be served
by mail upon the owner of the affected premises within 10 business
days from the conclusion of the hearing. Service shall be completed
at the time of its deposit in a receptacle maintained by the United
States Postal Service, postage prepaid.
[Ord. of 9-10-2007]
If any owner served with a notice fails to remove the graffiti
from such owner's property within the time stated in the notice,
or in accordance with the determination of the hearing officer after
appeal, the owner shall be deemed to have consented to such removal
by the City, whose designated employee will thereupon be authorized
to enter upon the property involved and remove the graffiti.
[Ord. of 9-10-2007]
The Public Works Director or his/her designee shall, after the
removal of graffiti from any property by the City, compute all reasonable
expenses, including any applicable administrative fees and shall send
the owner or agent an invoice for all such expenses. Upon failure
of the owner or agent to remit to the City the amount of such charges
within 30 days from the date of issuance of such invoice, the Public
Works Director or authorized representative, within 90 days of the
date of such invoice, shall cause to be recorded in the land records
of the City a sworn statement showing the cost and expense incurred
for the work, the date the work was performed, and the location of
the property upon which said work has performed. The recordation of
such sworn statement shall constitute a lien on the property and shall
constitute a lien on the property and shall remain in full force and
effect for the amount due in principal and legal interest, plus court
costs, if any, for collection, until final payment has been made.
Sworn statements recorded in accordance with the provisions hereof
shall be prima facie evidence that all work has been done properly
and shall be notice to all persons that the amount of the statement,
plus interest, constitutes a charge against the property designated
or described in the statement and that the same is due and collectible
as provided by law. Said lien may be foreclosed in the same manner
as a tax lien.
[Ord. of 9-10-2007]
Police officers or any other authorized officers may issue a
citation for any violation of this section. Persons receiving said
citations shall be deemed to have committed an infraction and shall
be fined not more than $90 for each violation of any provision of
this chapter and/or for each day a violation continues. Fines shall
be cumulative. In addition thereto, the City of Milford may initiate
a civil action seeking injunctive as well as other relief to prevent
violation(s) of this chapter.
[Ord. of 9-10-2007]
Should any court of competent jurisdiction declare any section,
clause or provision of this chapter to be invalid, such decision shall
affect only such section, clause or provision so declared invalid,
and shall not affect any other section clause or provision of this
chapter.
