As used in this chapter, the following terms shall have the meanings
indicated:
GRAFFITI
Any drawing, painting or making of any mark or inscription on public
or private real or personal property without the permission of the owner.
No person shall place graffiti by any means on any building or structure
located in the Township of Brick.
The owner of any building or structure located in the Township upon
which graffiti has been placed shall remove such graffiti immediately from
the building or structure.
If the property owner of the building or structure upon which graffiti
has been placed fails to remove the graffiti from the building or structure,
the Township shall notify the property owner by certified and regular mail
that such graffiti shall be removed from the building or structure by the
property owner within 90 days of the date of the notice from the Township.
Pursuant to N.J.S.A. 40:48-2.59, the state Department of Transportation shall
be afforded 120 days from the date a notice is sent to remove graffiti from
property owned by the Department. The notice to remove graffiti shall contain
a form to be utilized by the property owner to inform the municipality 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.
An owner who has been ordered to remove graffiti shall respond to the
municipality by personal delivery or by certified mail:
A. Of any objection to the order, within 30 days of the date of the order, an owner who objects to an order to remove graffiti, pursuant to §
214-4 of this chapter, may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
B. Of notice that the graffiti has been removed, 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.
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 is still pending, the municipality may remove the
graffiti from that property and present the property owner, via certified
and regular mail, with a detailed itemization of the costs incurred by the
municipality, by certified and regular mail, for reimbursement from the property
owner. If no payment of such reimbursement is received within 30 days of the
date of mailing of the itemized cost of removal, the Township may recoup the
costs of removal as follows:
A. The municipal officer of the Township in charge of the
removal of said graffiti shall certify the cost thereof to the Mayor and Township
Council. Upon receipt and review of the certification of cost, the Mayor and
Township Council shall cause the cost as shown thereon to be charged against
the property from which said graffiti was removed.
B. In addition to assessing the cost of such removal as
a municipal lien against the premises, the Township may enforce the payment
of such assessment, together with interest, as a debt of the owner of the
premises and may authorize the institution of an action at law for the collection
thereof in the Superior Court in accordance with N.J.S.A. 40:48-1.