[HISTORY: Adopted by the Common Council of the City of Burlington
6-6-1995 by Ord. No. 1499(4). Amendments noted where applicable.]
A.
The purpose of this chapter is to provide a program for
removal of graffiti from walls and structures on both public and private property
and to provide regulations designed to prevent and control the further spread
of graffiti in the City of Burlington.
B.
The occurrence of graffiti on both public and private
buildings, structures and property creates a condition of blight within the
City which results in a deterioration of property and business values for
adjacent and surrounding properties. Such markings are often placed on said
structures by gangs to indicate ownership or control over a certain area for
criminal or other purposes and encourage gang violence which is detrimental
to the public health, safety and well-being of persons residing in the City.
C.
The Common Council finds and determines that graffiti
is obnoxious and a public nuisance which must be abated so as to avoid the
detrimental impact of such graffiti upon the City and to prevent its further
spread. While property is a victim of the graffiti, where the responsible
party fails to correct the defacing graffiti, it is always the duty of the
property owner to remove graffiti as soon as reasonably possible.
As used in this chapter, the following terms shall have the meanings
indicated:
The unauthorized writing, marking, spraying or other application
of paint, ink, chalk, dye or other similar substance or scratching or otherwise
affixing inscribed materials on public and private buildings, structures and
places.
No person shall apply graffiti on publicly or privately owned structures
located on publicly or privately owned real property within the City.
Any person applying graffiti within the City shall have the duty to
remove the same within 24 hours after notice by the City or the public or
private owner of the property involved. Failure of any person to remove graffiti
shall constitute an additional violation of this chapter. Where graffiti is
applied by juveniles, the parent or parents shall be responsible for such
removal or the payment therefor.
A.
Whenever the Chief of Police or his/her designated representative
is apprised of the presence of graffiti located on privately owned real estate
within the City, the Chief of Police or his/her designated representative
may cause a written notice to be served upon the owner of the affected premises,
as such owner's name and address appear on the last assessment roll for the
City, by certified mail (with return receipt). "Owner," as used herein, means
any person in possession and also any person having or claiming to have any
legal or equitable interest in said premises as described by a preliminary
title search from any accredited title company. The failure of any person
to receive such notice shall not affect the validity of any proceeding hereunder.
B.
The property owner shall have 10 days after the date
of the notice to remove the graffiti or be subject to City removal of the
graffiti and assessment of the costs of such removal against the real estate
as a special charge.
C.
Form of notice to remove graffiti. The notice shall be
substantially in the following form:
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NOTICE OF INTENT TO REMOVE GRAFFITI
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Date:
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NOTICE IS HEREBY GIVEN that you are required at your expense
to remove or paint over the graffiti located on the property commonly known
as _________________ Burlington, WI, which is visible to public view, within
10 days after the date of this notice or, if you fail to do so, then City
employees or private City contractors will enter upon your property and abate
the public nuisance by removal or painting over of the graffiti. The cost
of the abatement by the City employees or its private contractors will be
assessed against your property as a special charge.
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All persons having any objection to, or interest in, said
matters are hereby notified to submit any objections or comments to the Chief
of Police for the City or his/her designated representative within 10 days
from the date of this notice. At the conclusion of this ten-day period the
City may proceed with the abatement of the graffiti inscribed on your property
at your expense without further notice.
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D.
Service of notice. The service of this notice shall be
made on the day the notice is dated and by affidavit filed with the City Clerk.
A like notice shall also be posted at a conspicuous place on the premises
upon which the graffiti is inscribed. The posting of this notice shall be
made on the day the notice is dated.
E.
Physical removal of graffiti. If the owner fails to remove
or cause the graffiti to be removed by the designated date, or such continued
date thereafter as the Chief of Police or his/her designated representative
approves, the Chief of Police or his/her designated representative shall so
notify the City Administrator and the City Administrator shall cause the graffiti
to be abated by City forces or private contract, and the City or its private
contractor is expressly authorized to enter upon the premises for such purpose.
Whenever the Chief of Police or his/her designated representative determines
that graffiti is so located on publicly or privately owned structures on public
or privately owned real property within this City so as to be capable of being
viewed by persons utilizing any public right-of-way or walkway open to the
public in this City, the Chief of Police or his/her designated representative
is authorized, upon Common Council approval, to provide for the removal of
the graffiti solely at the City's expense, without reimbursement from the
property owner upon whose property the graffiti has been applied, upon the
following conditions:
A.
In removing the graffiti the painting or repair of a
more extensive area shall not be authorized.
B.
Where a structure is owned by a public entity other than
this City, the removal of the graffiti may be authorized only after securing
the consent of the public entity having jurisdiction over the structure.
C.
Where a structure is privately owned, the removal of
the graffiti by City forces or by a private contractor under the direction
of the City may be authorized only after securing the consent of the owner.
