GENERAL REFERENCES
Offenses and miscellaneous provisions — See Ch. 15.
Parks and recreation — See Ch. 16.
[Ord. of 9-10-2007]
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT
All law enforcement officers of the City; the Mayor of the City and/or his designees; the Public Works Director of the City and/or his designees.
GRAFFITI
Any inscription, word, figure, painting or other defacement that is marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization, is otherwise deemed a public nuisance by the hearing officer. This chapter shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets used in connection with traditional children's games.
GRAFFITI IMPLEMENT
Any aerosol paint container, broad tipped indelible marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.
GRAFFITI REMOVAL LEVY
The charge made by the City and computed by the Director of Public Works for removing graffiti from property, together with any and all interest and penalties for nonpayment of the charges which have accrued.
HEARING OFFICER
An attorney, not otherwise employed by the City, who is licensed to practice law in Connecticut and retained to serve as an independent tribunal to conduct hearings under this Chapter 9A.
INDELIBLE MARKER
Any felt tip marker, china marker or similar device that is not water soluble, which has a flat or angled writing surface of 1/2 inch or greater.
OWNER
Any person or entity so designated in the current land records of the office of the City Clerk, and also any person or entity having or claiming to have any legal or equitable interest in the premises upon which graffiti is located.
[Ord. of 9-10-2007]
(a) 
No person shall write, spray, scratch or otherwise affix graffiti upon any property, public or private, in which another has an interest and without the prior consent of such other person.
(b) 
Any person violating any provision of this chapter shall be cited for an infraction and fined in accordance with the General Statutes of the state, in addition to any criminal penalties which may be imposed pursuant to Chapter 952 of the General Statutes, as same may be amended from time to time.
[Ord. of 9-10-2007]
The existence of graffiti upon any building, residence or other structure or property within the City is expressly declared to be a public nuisance and it shall be the duty of the owner and/or occupant of any building, residence or other structure or property that has been defaced by graffiti to promptly clean up or otherwise cover such graffiti, or such graffiti shall be subject to abatement by the City as hereinafter provided. However, it is not recommended but allowable to clean up or otherwise cover graffiti without first notifying the Milford Police Department of the existence of, and affording it the opportunity to photograph said graffiti.
[Ord. of 9-10-2007]
Whenever any City employee or official authorized to enforce this chapter finds graffiti on any property within the City which can be seen by any person using any public right-of-way, such authorized employee shall cause a notice to remove graffiti to be served upon the owner, as shown in the current land records of the office of the City Clerk. A copy of the form of the notice shall be on file at the office of the City Clerk, the substantial form of which has been approved with the passage of this chapter.
[Ord. of 9-10-2007]
The notice to remove graffiti shall be served upon the person/entity whose name appears as the owner of the premises identified in the land records of the office of the City Clerk, or if no address appears, at the address of the property containing the graffiti. Such service may be made either by personal delivery or by depositing the notice in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the owner at the most recent address appearing in the land records of the office of the City Clerk. If no address for the owner appears in said land records or if no address appears upon the actual premises, then service of the notice to remove graffiti may be made by posting the notice in a conspicuous place upon the property. In such case, proof of service of the notice shall be made by affidavit of the person posting the notice, and the affidavit shall be sufficient for all purposes.
[Ord. of 9-10-2007]
Within 15 business days of the mailing or posting of the notice to remove graffiti, the owner may appeal the notice or posting by filing a notice of appeal at the Office of the Mayor, 110 River Street, Milford, Connecticut. If there is an appeal timely filed, the hearing officer shall establish a time certain, as soon as practicable, and place for a hearing. The hearing officer shall then cause a notice of hearing to be served by certified mail upon the owner who has appealed at least five days before the hearing. Service shall be deemed completed at the time of deposit of the notice in a receptacle maintained by the United States Postal Service, with postage fully prepaid. The failure of any person to receive such notice of hearing shall not affect the validity of any proceeding under this chapter.
[Ord. of 9-10-2007]
(a) 
On the date fixed for hearing or any adjournment or continuation thereof, the hearing officer shall hear and view all evidence submitted by the owner, the owner's agent, lien holders of record, occupants or other parties in interest in the property upon which the graffiti is situated, and all evidence submitted by the City. The hearing officer may view the premises upon which the graffiti is situated. After review of all the evidence submitted by the parties, the hearing officer shall make written findings. Formal rules of evidence shall not apply to hearings conducted under this section and hearings may be continued as necessary or convenient.
(b) 
The hearing officer shall determine whether the premises, as maintained, constitute a public nuisance as set forth in this section. If the hearing officer determines that a public nuisance exists, he shall determine how the nuisance is to be abated and shall establish a time, not to exceed 10 days from the date of decision, within which removal and/or abatement shall take place; and in the event the owner fails to correct the nuisance within the time described, the City shall cause the nuisance to be abated and the costs incurred by the City shall become the personal obligation of the owner and/or tenant and a lien upon the property.
(c) 
A copy of the hearing officer's determination shall be served by mail upon the owner of the affected premises within 10 business days from the conclusion of the hearing. Service shall be completed at the time of its deposit in a receptacle maintained by the United States Postal Service, postage prepaid.
[Ord. of 9-10-2007]
If any owner served with a notice fails to remove the graffiti from such owner's property within the time stated in the notice, or in accordance with the determination of the hearing officer after appeal, the owner shall be deemed to have consented to such removal by the City, whose designated employee will thereupon be authorized to enter upon the property involved and remove the graffiti.
[Ord. of 9-10-2007]
The Public Works Director or his/her designee shall, after the removal of graffiti from any property by the City, compute all reasonable expenses, including any applicable administrative fees and shall send the owner or agent an invoice for all such expenses. Upon failure of the owner or agent to remit to the City the amount of such charges within 30 days from the date of issuance of such invoice, the Public Works Director or authorized representative, within 90 days of the date of such invoice, shall cause to be recorded in the land records of the City a sworn statement showing the cost and expense incurred for the work, the date the work was performed, and the location of the property upon which said work has performed. The recordation of such sworn statement shall constitute a lien on the property and shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and legal interest, plus court costs, if any, for collection, until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all work has been done properly and shall be notice to all persons that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. Said lien may be foreclosed in the same manner as a tax lien.
[Ord. of 9-10-2007]
Police officers or any other authorized officers may issue a citation for any violation of this section. Persons receiving said citations shall be deemed to have committed an infraction and shall be fined not more than $90 for each violation of any provision of this chapter and/or for each day a violation continues. Fines shall be cumulative. In addition thereto, the City of Milford may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this chapter.
[Ord. of 9-10-2007]
Should any court of competent jurisdiction declare any section, clause or provision of this chapter to be invalid, such decision shall affect only such section, clause or provision so declared invalid, and shall not affect any other section clause or provision of this chapter.