[HISTORY: Adopted by the Township Council of the Township of Lopatcong 11-1-2006 by Ord. No. 2006-28. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 97.
Parks and recreation areas — See Ch. 157.
Property maintenance — See Ch. 165.
For the purpose of this chapter, "graffiti" shall be defined as follows: 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 real property.
It is hereby declared and determined that graffiti defacing any private or public building or structure or property of any kind impairs the economic welfare of property, contributes and/or creates a health and safety hazard, and shall constitute a nuisance when any graffiti is located on any property in the Township.
In addition to the crimes defined by New Jersey statute:
A. 
It is unlawful for any person to, or endeavor to, paint, chalk, etch or otherwise apply graffiti on public or privately owned buildings, permanent structures or places located on public or privately owned property within the Township.
B. 
It is unlawful for any owner, occupant or agent to knowingly suffer or permit any graffiti to remain upon any building, permanent structure or place under his control.
A. 
The owner of record of the property shall be given written notice of the order to remove graffiti and that notice shall be delivered to the owner by certified and regular mail.
B. 
The order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that the notice is sent. The Department of Transportation shall be afforded 120 days from the date of notice to remove graffiti from its property.
C. 
The notice to remove graffiti shall contain a form to be utilized by a 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 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 to remove graffiti, within 30 days of the date of the order (see § 129-6); or
B. 
Of notice that the graffiti has been removed, within 90 days of the date of the order or, in case of the Department of Transportation, within 120 days of the date of the order.
An owner who objects to an order to remove graffiti may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
A. 
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order or, in case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove the graffiti is still pending pursuant to § 129-6, the Township 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.
B. 
Whenever the Township undertakes the removal of graffiti from any building, structure or other exposed surface, the governing body of the Township, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment as 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.