Town of Union, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Union 8-5-2009 by L.L. No. 7-2009. [1]Amendments noted where applicable.]
Nuisances — See Ch. 141.
Property maintenance — See Ch. 155.
Streets and sidewalks — See Ch. 178.
Editor's Note: This local law was originally adopted as Ch. 137 but was renumbered to maintain the organizational structure of the Code.
The Town Board of the Town of Union hereby finds and declares that graffiti poses a serious problem for its residents and merchants. The unabated proliferation of graffiti is a physical blight upon the landscape of our Town and costs taxpayers, merchants and homeowners substantial monies to remove the graffiti and to repair the areas upon which the graffiti is placed. The defacing of such property and the use of foul language in many of the writings is harmful to the general public and violates the good and welfare of the citizens and residents of the Town.
No person shall write, paint or draw any inscription, figure, writing or mark of any type on any building or structure or on any other real or personal property located in the Town of Union, without the express written permission of the owner of the property or his agent.
Any person who violates § 132-2 of this chapter shall be punished by a fine of not more than $1,000. In addition, that person shall be liable for the cost of removing said graffiti from the property so defaced and repairing or replacing said property upon which the graffiti was placed and/or may be ordered to perform appropriate community services, in the Court's discretion.
Removal. Regardless of any action by a Court as provided in § 132-3 herein, the owner of record or his agent of any premises located within the Town which has any form of graffiti on any building or structure or property shall be required to restore the defaced surface either by removing the graffiti or by repainting the defaced surface within 15 days after written notice has been given by the Town to said owner or his agent to remove the graffiti. Where the surface was previously painted, the same or substantially same color paint shall be used on the defaced surface.
Remedy by Town. If the graffiti condition is not cured or corrected within 15 days after written notice issued by the Town, then the Town shall have the right to enter the premises to remove the graffiti and/or repaint the defaced surface as set forth above.
Cost. In the event that the Town removes and/or corrects the graffiti condition as set forth above, the cost of the removal and/or repainting shall be borne by the owner of record of said building or structure. The cost of such services or efforts, together with any other costs incidental to such removal and/or corrective work, shall be billed to said owner. Upon that property owner's failure to pay said charge within 30 days of presentment, said charge shall thereupon become a lien upon the property upon which the graffiti was found to be and shall be added to and become a part of the real property 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.
In addition, the total cost to the Town of attorneys fees, engineering fees, consultant fees and/or court or litigation costs to enforce the provisions of this chapter shall be an expense and obligation of the owner of the property, including its individual officers, managers, partners, members, and shareholders, and alternatively or in conjunction herewith, shall be assessed and levied upon the real property as a lien and charge until paid or otherwise satisfied or discharged and shall be collected as otherwise provided in the Town Law in the same manner and at the same time as other Town charges.
[Added 9-18-2013 by L.L. No. 2-2013]
The Town Board of the Town of Union or its enforcement officer are hereby authorized in the name and on behalf of the Town to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
If any part or provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances, and the Town Board of the Town of Union hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.
This chapter shall take effect immediately upon filing with the Secretary of State.