[HISTORY: Adopted by the Common Council of the City of Burlington Ord. No. 8-1997 (Ch. 8.16
of the 1996 Municipal Code); amended in its entirety at time of adoption
of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
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 City of Burlington.
The owner of any building or structure located in the City 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 City 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 City. 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.Â
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 § 181-4 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.Â
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 City may recoup the
costs of removal as follows:
A.Â
The municipal officer of the City in charge of the removal of said
graffiti shall certify the cost thereof to the Mayor and City Council.
Upon receipt and review of the certification of cost, the Mayor and
City Council shall cause the cost as shown thereon to be charged against
the property from which said graffiti was removed.
B.Â
In addition to assessing the cost of such removal as a municipal
lien against the premises, the City 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.
A.Â
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $2,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.Â
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
