[HISTORY: Adopted by the Board of Trustees
of the Village of East Rochester at time of adoption of Code 3-8-1999 by L.L. No.
1-1999 (see Ch. 1, General Provisions, Art. I).
Amendments noted where applicable.]
The Board of Trustees of the Village of East
Rochester hereby finds and declares that graffiti poses a serious
problem for our residents and merchants. The unabated proliferation
of graffiti is a physical blight upon the landscape of our village
and costs taxpayers, merchants and homeowners substantial moneys to
remove and repair. The defacing of such property and the use of foul
language in many of the writings is harmful to the general public
and violative of the good and welfare of the citizens, residents and
people of the village.
No person shall write, paint or draw any inscription,
figure or mark of any type on any building, public or private, or
any other property, real or personal, owned, operated or maintained
by any public benefit corporation, the Village of East Rochester or
by any person, firm or corporation, or any agency or instrumentality
thereof, without the express written permission of the owner of the
property or his or its agent.
Any person who violates § 103-2 of this chapter shall be punished by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. In addition, that person, in the court's discretion, shall be liable for the cost of removing said graffiti from the property so defaced as part of his punishment pursuant to the violation of this chapter or to perform suitable alternate community services pursuant to the court's discretion.
A.
Requirement to remove graffiti. The occupant, lessee,
sublessee, agent or landlord of any commercial or residential premises
located within the Town/Village of East Rochester which has any form
of graffiti on any building, structure or accessory building or structure
shall be required either to restore the defaced surface by removing
the graffiti or to repaint the defaced surface, using the same color
paint as existed previously on the defaced surface, within one week
after written notice to the occupant, lessee, sublessee, agent or
landlord by the village to remove the same.
B.
Remedy by village. If said graffiti condition is not
cured or corrected within one week after written notice by the village,
then the village shall have the right to enter the premises to remove
the graffiti and/or repaint the premises as set forth above, and the
cost of the removal of the graffiti and/or repainting shall be at
the sole cost and expense of the occupant, lessee, sublessee, agent
or landlord of said building or structure or accessory building or
structure. The actual cost of the removal of the graffiti and/or repainting,
plus the cost of the inspection of said graffiti and/or repainting
and other costs incidental to such removal, shall thereupon become
a lien upon the real property upon which the graffiti was found to
be and shall be added to and become a part of the taxes next to be
assessed and levied on such real property, and the same shall be collected
and enforced in the same manner as taxes.
