Village of Oakfield, NY
Genesee County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield 1-14-2013 by L.L. No. 1-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
The etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Speech which is protected by the First Amendment of the United States Constitution, appropriate and lawful commercial advertising, and lawful political discourse shall not constitute unlawful graffiti under this chapter.
The Board of Trustees of the Village of Oakfield 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 imposes substantial expense on taxpayers, merchants and homeowners to remove and repair. The defacing of such property and use of foul language in many of the writings is harmful to the general public and damages the welfare of the citizens and residents of the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall write, etch, paint or draw any graffiti on any building or structure or any other real or personal property located in the Village without the express written permission of the owner of the property or his or her agent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates § 162-4 of this chapter shall be punished by a fine of not more than $200 and up to 15 days in jail, or both. Additionally, that person shall be liable for the cost of removing said graffiti from the property so defaced or, alternatively, may be ordered to perform appropriate community service, in the court's discretion. For a second offense, the violator shall be punished by a fine of not more than $500. These penalties are in addition to any sentence which may be imposed by a court for criminal mischief.
A. 
Removal.
(1) 
The owner of record or his or her agent of any premises located within the Village which has any form of graffiti on any building or structure shall be required to restore the defaced surface either by removing the graffiti or by repainting the defaced surface within 30 days after written notice has been given by the Village to said owner or his or her agent to remove the graffiti. Where the surface was previously painted, the same color paint shall be used on the defaced surface.
(2) 
The written notice for removal shall be served personally pursuant to the provisions of Civil Practice Law and Rules § 308. The thirty-day period within which to remove the unlawful graffiti shall commence upon completion of service.
B. 
Remedy by Village. If the graffiti condition is not cured or corrected within 30 days after written notice by the Village, then the Village shall have the right to enter the premises to remove the graffiti and/or repaint the defaced surface as set forth above.
C. 
Cost. In the event that the Village removes the graffiti as set forth above, the cost of the removal and/or repainting shall be borne by the owner of record of said building or structure. The cost of such service, and a fee of $350 if the Village has to remove or repaint, together with any other costs incidental to such removal shall be billed 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 upon which the graffiti was found to be and shall be added to and become 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]