[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:
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.
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.
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
A.Â
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.
B.Â
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.
