[Adopted 12-1-2008 by Ord. No. 1457]
No person shall purposely or knowingly vandalize, deface or otherwise damage the tangible property of another by painting, writing, drawing or otherwise inscribing in any fashion or materials what is commonly known as "graffiti." For the purposes of this chapter, "graffiti" shall include any form of painting, writing or inscription, regardless of the content of same or the nature of the materials used in the commission of the act. No person shall place any graffiti on any building, structure or other exposed surface located in the Borough.
A. 
The owner of the property on which the graffiti is placed shall remove that graffiti. If the owners shall fail to remove the graffiti, the proper personnel of the Borough shall issue an order directing the owners to remove the graffiti in 30 days from the date that the notice is sent. Unless the property owner has provided the Borough with a different address, the notice shall be sent to the address which appears in the tax records of the Borough of Collingswood.
B. 
If a property owner does not undertake the removal of the graffiti within 90 days of the date of the order, unless an action challenging the order to remove is pending in a court of competent jurisdiction, the Borough may remove the graffiti from the property, with a detailed itemization of the cost incurred by the Borough sent by certified and regular mail for reimbursement from the property owner.
C. 
Where the Borough undertakes the removal of graffiti and presents the owner with the detailed itemization of the cost of removal and the owner fails to reimburse the Borough for the cost of removal within 15 days of the date the itemization is mailed, the Office of Code Enforcement shall file the itemization with the Tax Collector, whereupon the total of the amount shown thereon shall be recorded as a lien against the premises. The Code Enforcement Officer for the Borough shall certify the cost of corrections to the Board of Commissioners. Upon such certification to the Board of Commissioners of the cost to correct the violations, the Commissioners shall examine the certification and, if found correct and reasonable, the cost shall be charged to the owner and against the property by resolution.
D. 
In addition to or in lieu of the filing of a lien against the property, the Borough may file an action for the collection of the debt in the Superior Court of the State of New Jersey as authorized by P.L. 2006, c. 31.[1]
[1]
Editor's Note: See N.J.S.A. 40:48-2.59.
Pursuant to N.J.S.A. 2A:53A-15, any parent, guardian or other person having legal custody of an child under 18 years of age who fails or neglects to exercise reasonable supervision and control of such child shall be liable in a civil action for any destruction or damage caused by such child offender under § 227-10 above.
A. 
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days or to performance of 90 days of community service and/or to a fine not exceeding $1,000, at the discretion of the Municipal Court.
B. 
As a condition of sentencing, the Municipal Court shall have the authority to order that the offender be responsible for cleaning, repairing, painting or otherwise restoring the damaged property to the condition it was in prior to being damaged. In the event that the offender is unable, for any reason, to comply with the above, the Municipal Court shall have the authority to order that said offender make the necessary monetary restitution to restore the property to its original undamaged condition.