[HISTORY: Adopted by the Township Council of the Township
of Pequannock 10-24-2006 by Ord.
No. 2006-26 (Ch. 092 of the 1997 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any drawing, painting or making of any mark or inscription
on public or private real or personal property without the prior written
permission of the owner of the property.
It shall be unlawful for any person to deface, destroy or otherwise
damage private or public property without the owner's consent by or
through the application of graffiti.
A.
It shall be unlawful for the owner
of record of any property, whether privately or publicly owned, to
permit the application of or fail to remove any graffiti from the
property upon receipt of notice from the Township to remove such graffiti.
B.
The owner of record of the property
shall be given written notice to remove graffiti. The notice shall
be delivered to the owner by certified and regular mail. The order
shall afford the owner the opportunity to remove the graffiti within
90 days from the date that the notice is sent; however, the New Jersey
Department of Transportation shall be afforded 120 days from the date
a notice is sent to remove graffiti from property owned by the Department.
C.
The notice to remove graffiti
shall include a form to be utilized by the property owner to inform
the Township that the graffiti has been removed. The form shall contain
a provision stating that by affixing a signature to the form, indicating
that graffiti has been removed, the owner is certifying that the facts
set forth therein are true and that the certification shall be considered
as if made under oath and subject to the same penalties as provided
by law for perjury.
D.
An owner who has been ordered
to remove graffiti shall respond to the Township by personal delivery
or by certified mail of:
E.
An owner who objects to an order
to remove graffiti must institute an action challenging the order
before a court of competent jurisdiction within 60 days of the date
of the order.
F.
If a property owner does not undertake
the removal of graffiti within 90 days of the date of the order, or
in the case of the Department of Transportation, within 120 days of
the date of the order, unless an action challenging the order to remove
graffiti has been filed and is pending, the owner is in violation
of this chapter and the Township, at its discretion, may remove the
graffiti from that property and present the property owner with a
detailed itemization of the costs incurred by the Township, by certified
and regular mail, for reimbursement from the property owner.
G.
Whenever the Township undertakes
the removal of graffiti from any building, structure or other exposed
surface, the governing body, in addition to assessing the cost of
removal as a municipal lien against the premises, may enforce the
payment of such assessment, together with interest, as a debt of the
owner of the property and may authorize the institution of an action
at law for the collection thereof. The Superior Court shall have jurisdiction
of any such action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm or corporation who or which violates any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Chapter 74, Violations and Penalties.
