[HISTORY: Adopted by the Board of Trustees of the Village of Scotia 9-14-2010 by L.L. No. 4-2010. Amendments noted where applicable.]
The Board of Trustees finds that for the health, safety and welfare of the residents of the Village the laws designed to deter the defacement of public and private property through the use of aerosol spray paint cans, broad-tipped indelible markers, etching acid and other marking devices shall be strengthened. Further, it is the recommendation of the Board of Trustees that, where appropriate and authorized by law, the courts require those who commit acts of defacement to restore the property so damaged or to perform suitable alternate community service pursuant to the court's direction. The Board of Trustees finds that the defacement of private property by graffiti is proliferating throughout the Village and requires the enactment of measures to effect its removal and to preserve, enhance and protect the aesthetics of the Village and to ensure the general welfare of the public.
As used in this chapter, the following words and phrases shall have the meanings specified:
- BROAD-TIPPED INDELIBLE MARKERS
- Any felt-tip marker or similar implement containing a fluid or coloring matter that is not water soluble and which has a flat or angled writing surface of 1/2 inch or greater.
- To mar the face or surface or disfigure, injure or spoil the appearance of.
- ETCHING ACID
- Any liquid, cream, paste or similar substance that can be used to etch, carve, engrave, or otherwise impair the physical integrity of glass or metal.
- An inscription, figure, mark or design which is written, scratched, painted or drawn on a wall, building, monument, statue, rock or any other surface of real or personal property.
Graffiti and defacing of property is prohibited.
No person shall write, paint or draw any word, inscription, design, figure or mark, or otherwise mar or deface any property, real or personal, public or private, nor any building, church, statue, monument, office, passenger or commercial vehicle, bridge, dwelling or structure of any kind, including those in the course of construction or any portion thereof, without the consent and express written permission of the owner or proprietor thereof or, in the case of public property, of the person having charge, custody or control thereof.
No person shall carry an aerosol spray paint can, broad-tipped indelible marker, or etching acid into any public building or other public facility with the intent of violating the provisions of the foregoing subsection of this section.
Owners of property in the Village of Scotia shall be responsible for removing or painting over graffiti and/or otherwise restoring the property so defaced.
Upon written or verbal complaint or of his/her own volition and after inspecting the property, the Building Inspector shall have the power and duty to request the restoration of property defaced with graffiti upon 20 days' written notice to the property owner or other responsible person in charge of the property, or upon 60 days' written notice in the case of property defaced with etching acids, indicating the noncompliant condition of the property and providing notification of the Village's ability to restore the property so defaced should the owner fail to do so. Twenty days after the property owner's failure to comply with such request, the Village may take appropriate action to remove or paint over the graffiti. The cost thereof, plus an administrative fee equal to the greater of 15% of the cost of such work or $250, shall be assessed against the property by the Board of Trustees, which shall constitute a lien on the real property. Should the above fees not be paid within 10 days after being notified of the costs thereof by mail by the Village Clerk-Treasurer, the Village Clerk-Treasurer shall file a certificate of such costs which shall be assessed upon said property in the preparation of the net assessment roll of the general Village taxes, and the same shall be levied, collected and enforced in the same manner and having the same lien upon the property as the general Village tax.
Any property owner or other responsible person in charge of the property may request that the Village remove graffiti from private property, at the time, for a fee to be determined by the Village.
Any person, firm or corporation who violates, disobeys, neglects or refuses to comply with any of the terms of this chapter shall be guilty of a violation and be subject to a fine of not more than $1,000. Each week a violation continues shall be deemed a separate offense.
Owners of property who fail to comply with the written notice to remove graffiti as provided for above shall be punishable by a fine of not more than $10 per day until the owners of property comply with the written notice to remove graffiti.