Village of Johnson City, NY
Broome County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Johnson City 5-21-2013 by L.L. No. 6-2013. Amendments noted where applicable.]
Peace and good order — See Ch. 192.
Property and building nuisances — See Ch. 206.
Property maintenance — See Ch. 208.
The Village Board of the Village of Johnson City 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 Village and costs taxpayers, merchants and homeowners substantial monies to remove and repair. The defacing of such property and the use of foul language in many of the writings is harmful to the public and violates the welfare and general good of the citizens and residents of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
To mar, disfigure, injure, or otherwise spoil the face, surface, or appearance of public or private property.
A writing, drawing, or mark etched, painted, placed or drawn upon public or private property with the intent to deface said property.
No person shall place graffiti, or cause others to place graffiti, upon any building or structure or any other real or personal property located in the Village without the property owner's, or the owner's duly authorized agent's, express written permission.
Any person who violates § 163-3 of this chapter shall be punished by a fine of not more than $1,000 and/or imprisonment for a term not to exceed 15 days. Additionally, that person shall be liable for the cost of repairing and/or removing the graffiti from the property and, in the Court's discretion, may be ordered to perform appropriate community services.
The parent or legal guardian of any minor over the age of 10 and under the age of 18 who violates § 163-3 of this chapter shall be held liable for any damages and/or cleanup costs that result from said violation.
Repair and removal of graffiti. Regardless of any action by a Court as provided in this chapter, the owner of record or his/her agent of any premises located within the Village which has graffiti upon it without the owner's written permission shall be required to repair, remove and/or paint over the graffiti within 15 days after the Village has given the owner or his agent written notice of the graffiti. Where the property in question was previously painted, the same color paint shall be used on the surface that has graffiti upon it.
Remedy by Village. If the owner of record or his/her agent does not cure or correct the property's condition within 15 days after written notice by the Village, then the Village shall have the right to enter the premises to cure or correct the property's condition as set forth in this section.
Cost. In the event that the Village cures or corrects the property's condition as set forth in this section, the property's owner of record shall bear the cost of the cure or correction. The Village will bill the cost of such service, together with any other costs incidental to such cure or correction, 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 which the Village cured or corrected and shall be added to and become a part of the 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.
The Village Board of the Village of Johnson City, or its enforcement office, is hereby authorized in the name and on behalf of the Village to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.