[Ord. 2231, 4/8/2014, § 1]
1.
The Council finds that graffiti is a public nuisance and destructive
of the rights and values of property owners as well as the entire
community. Unless the Borough acts to remove graffiti from public
and private property, the graffiti tends to remain. Other properties
then become the target of graffiti, and entire neighborhoods are affected
and become less desirable places in which to be, all to the detriment
of the Borough.
2.
The Borough Council intends, through the adoption of this Part, to
provide additional enforcement tools to protect public and private
property from acts of graffiti, vandalism and defacement. The Council
does not intend for this Part to conflict with any existing antigraffiti
and criminal state laws, and to the extent such conflict may exist,
state law shall supersede this Part.
[Ord. 2231, 4/8/2014, § 1]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context.
The Borough of Phoenixville.
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, including, but
not limited to, garages, fences, retaining walls, or facades.
To cover, mark, write on, paint, color or otherwise mar,
disfigure or draw whatsoever on any private or public property of
any nature without the express advance consent of the owner.
Any unauthorized inscription, word, figure, mark, design,
painting or other defacement that is written, 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 of the property. This definition shall not be construed to prohibit
easily removable chalk markings on the public sidewalks and streets.
Any aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device capable of scarring or leaving a visible mark on any natural
or man-made surface.
The owner of record of the property.
Includes any human being, clubs, corporation, partnership,
authority, company, municipality, unincorporated association, special
improvement district, fire company, the Commonwealth of Pennsylvania
or any other entity able to sue or be sued.
Any real property and appurtenances, whether public or private
property.
Any place to which the public has access, including but not
limited to a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other parking, public building, structure or any municipal parking
signs, etc., or area.
[Ord. 2231, 4/8/2014, § 1]
The following acts are prohibited.
1.
Defacement. It shall be unlawful for any person to apply graffiti
or aid in the application of graffiti to any natural or man-made surface
on any Borough-owned property or building or, without the advance
express consent of the owner or occupant, on any non-Borough-owned
property or building. This prohibition shall not apply to easily removable
(water soluble) chalk markings on public sidewalks or streets.
2.
Nuisance. The existence of graffiti on public or private property
in violation of this Part is expressly declared to be a public nuisance
and therefore is subject to removal and abatement provisions specified
in this Part. It is the duty of the owner of the property or building
to which the graffiti has been applied to at all times keep the property
clear of graffiti.
[Ord. 2231, 4/8/2014, § 1]
1.
Removal by the perpetrator. Any person applying graffiti on public
or private property shall have the duty to remove the graffiti within
24 hours after written notice by the Borough. A copy of the written
notice shall also be sent to the property owner.
A.
The notice shall contain the following information:
(1)
The street address and legal description of the property sufficient
for identification of the property;
(2)
Contact information for the property owner;
(3)
A statement that the property is a potential graffiti nuisance
property with a concise description of the conditions leading to the
finding and a statement of the Code sections the potential graffiti
nuisance violates;
(4)
A statement that the graffiti must be removed within 24 hours
after receipt of the notice and that if the graffiti is not abated
within that time, the Borough may declare the property a public nuisance,
subject to abatement procedures.
(5)
An information sheet identifying any graffiti removal assistance
programs available through the Borough and private graffiti removal
contractors.
B.
Such removal shall be done in a manner prescribed by the Borough
Manager, Director of Public Works, Youth Aid Panel and/or the Beautification
Committee. Any person applying graffiti shall be responsible for the
removal or for the payment of the removal by the Public Works Department.
Failure of any person to remove graffiti or pay for the removal shall
constitute a violation of this Part.
2.
Removal by the property owner. If graffiti is not removed by the
perpetrator, graffiti shall be removed by the property owner pursuant
to the following provisions:
A.
It is unlawful for any person who is the owner to permit property
that is defaced with graffiti to remain defaced for a period of 15
days after service by first class mail of notice of the defacement
by the Borough. The notice shall contain the following information:
(1)
The street address and legal description of the property sufficient
for identification of the property;
(2)
A statement that the property is a potential graffiti nuisance
property with a concise description of the conditions leading to the
finding and a statement of the Code sections the potential graffiti
nuisance violates;
(3)
A statement that the graffiti must be removed within 15 days
after receipt of the notice and that if the graffiti is not abated
within that time, the Borough will declare the property a public nuisance,
subject to abatement procedures.
(4)
An information sheet identifying any graffiti removal assistance
programs available through the Borough and private graffiti removal
contractors.
B.
The removal requirements above shall not apply if the property owner
can demonstrate that:
(1)
The property owner or responsible party lacks the financial
ability to remove the defacing graffiti and the Borough is willing,
at its sole discretion, to utilize public funds for the removal; or
(2)
The property owner has an active program for the removal of
graffiti and has scheduled the removal of the graffiti as part of
that program, in which case it shall be unlawful to permit such property
to remain defaced with graffiti for a period of 15 days after service
by first class mail of notice of the defacement.
3.
Removal by the Borough.
A.
Whenever the Borough is notified and determines that graffiti is
located on publicly or privately owned property viewable from a public
or quasi-public place, the Borough may, but is not obligated to, authorize
the use of public funds for the removal of the graffiti. It shall
not authorize or undertake to provide for the painting or repair of
any area greater than that where the graffiti is affixed, unless the
Borough Manager, or the designee of the Borough Manager, determines
in writing that a more extensive area is required to be repainted
or repaired in order to avoid an aesthetic disfigurement to the neighborhood
or community or unless the property owner agrees in writing to pay
for the costs of repainting or repairing the more extensive area.
B.
Prior to entering upon private property or property owned by a public
entity other than the Borough for the purpose of graffiti removal
the Borough shall possess a court order permitting the entry and abatement
or shall secure the consent of the property owner and a release of
the Borough from liability for property damage or personal injury.
C.
If the property owner or responsible party fails to remove the offending
graffiti within the time specified by this Part, or if the Borough
has requested consent to remove or paint over the offending graffiti
and the property owner has refused consent for entry on terms acceptable
to the Borough and consistent with the terms of this Section, the
Borough shall commence abatement and cost recovery proceedings for
the graffiti removal according to the provisions specified below.
[Ord. 2231, 4/8/2014, § 1]
1.
Whenever a condition constituting a potential graffiti nuisance is
verified to exist and the perpetrator and/or property owner fails
to take steps to abate the nuisance after written notice or if the
perpetrator and/or owner cannot be found or fails to respond to efforts
to contact him, the Borough or its designee shall cause a written
notice to be served upon the perpetrator, owner and/or the property
where the nuisance is located in one of the following ways:
A.
By certified mail, return receipt request to the last known address
of the perpetrator and/or owner;
B.
By making personal delivery of the notice to the perpetrator and/or
owner;
C.
By posting a copy of the notice upon the front door of the property
(owner only);
D.
By handing a copy of the notice at the residence of the perpetrator
and/or owner to an adult resident; or
E.
By publishing a copy of the notice in a local paper of general circulation
within Phoenixville Borough, Chester County, Pennsylvania, once a
week for three consecutive weeks.
2.
Such notice shall set forth in what respects such condition constitutes
a nuisance, the section of the Code which sets forth the violation,
and what abatement is necessary and required by the Borough. Such
notice shall require the owner and/or perpetrator to abate the nuisance
in accordance with the terms thereof within no more than 15 calendar
days of the date of the notice, all material to be supplied and work
done at the owner's and/or perpetrator's expense.
3.
Any person who, after delivery, posting or publication of notice,
fails to completely comply with the terms of the notice shall be determined
to be in violation of this Part, and the Borough may initiate a civil
enforcement proceeding before a magisterial district judge. The civil
enforcement proceeding shall be initiated by complaint or by such
other means as may be provided by law. Upon conviction thereof before
a magisterial district judge, the person shall pay civil penalties
not to exceed $600 per violation, plus costs of prosecution, including
reasonable attorney's fees. Each day or portion of a day that a violation
of this Part continues shall constitute a separate offense.
4.
In addition to or instead of invoking the penalties set forth in
this Part, the Borough or persons authorized by the Borough may, in
the event of any continued violations of this Part, enter upon the
property and remove, repair, alter, or otherwise abate any nuisance
on such property. The Borough may collect the costs of such removal
or abatement, including reasonable attorney's fees, together with
a penalty of 10% of any costs, from the owner of the property. The
actual costs of such removal or abatement, together with the penalties,
costs and reasonable attorney's fees, shall be a lien upon such property
and may be enforced against the property and recovered by the Borough
in the manner prescribed for the levying and collecting of municipal
liens under appropriate law.
5.
The Borough may, in addition to any civil or criminal remedy, initiate
a complaint at law or in equity to compel the owner to comply with
the terms of any notice of violation, or seek any other appropriate
relief, including, but not limited to, an injunction, from any court
of competent jurisdiction.
6.
In addition to proceedings specified in this Part, perpetrators may
be subject to additional criminal penalties under state law. In such
an event, the Borough may obtain names of such perpetrators in criminal
enforcement proceedings in order to enforce the civil provisions of
this Part.
