[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.]
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.
A.
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.
A.
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.
B.
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.
C.
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.
