[HISTORY: Adopted by the Mayor and Council of the Borough
of Lindenwold 11-8-2006 by Ord. No. 1191. Amendments noted where
applicable.]
GENERAL REFERENCES
Damaging property — See Ch. 229.
It shall be a violation of this chapter for the owner of any
property within the Borough to allow graffiti to remain upon any exposed
surface of any property.
As used in this chapter, the following terms shall have the
meanings indicated:
Any drawing, painting, mark or inscription on public or private
real or personal property without the prior written permission of
the owner of the property.
In the event graffiti is found, the Borough shall provide the
owner of record written notice of an order to remove said graffiti
by certified and regular mail, which order shall afford the opportunity
to remove the graffiti within 90 days of the date that the notice
is sent. However, 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 Borough's order to remove shall contain a form to be
utilized by a property owner to inform the Borough that the graffiti
has been removed and shall contain a certification stating that, by
affixing a signature to the form indicating that the graffiti has
been removed, the order 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 Borough by personal delivery or certified mail:
An owner who objects to an order to remove graffiti may institute
an action challenging the order before a court of competent jurisdiction
within 60 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 with a detailed itemization of the costs incurred
by the municipality, by certified mail and regular mail, for reimbursement
from the property owner.
Whenever a municipality undertakes the removal of graffiti from
any building, structure or other exposed surface, the governing body
of the municipality, in addition to assessing the cost of removal
as a municipal lien against the premises, may enforce the payment
of such assessment, together with interest, as a debt of the owner
of the property and may authorize the institution of an action at
law for the collection thereof. The Superior Court shall have jurisdiction
of any such action.
