The purpose of this chapter is to help prevent the spread of
graffiti vandalism and to establish a program for the removal of graffiti
from public and private property. The City of Haverhill considers
graffiti a public nuisance and destructive of the rights and values
of property owners as well as the entire community. Unless graffiti
is removed from public and private property, the graffiti tends to
remain. Neighboring properties then become the target of graffiti,
and entire neighborhoods are affected and become less desirable places
in which to be, all to the detriment of the City of Haverhill.
As used in this chapter, the following terms shall have the
meanings indicated:
GRAFFITI
Any unauthorized inscription, word, figure, painting or other
defacement that is written, marked, etched, scratched, sprayed, drawn,
painted or engraved on or otherwise affixed to any surface of public
or private property by a graffiti implement, to the extent that the
graffiti was not authorized in advance by the owner of the property.
GRAFFITI IMPLEMENT
An aerosol paint container, a broad-tipped marker, gum label,
paint stick or graffiti stick, etching equipment, brush or any other
device capable of scarring or leaving a visible mark on any natural
or man-made surface.
If the owner, or the owner's authorized agent, fails to
comply with an order to remove graffiti issued and the City of Haverhill
removes or causes such graffiti to be removed, the removal costs,
pursuant to MGL c. 111, § 125, shall constitute a debt due
the City, upon the completion of the removal and the rendering of
an account therefor to the owner, as defined herein, and shall be
recoverable from such owner in an action of contract.
A property owner may appeal a determination by the City of Haverhill
that graffiti located on his/her property constitutes a public nuisance.
Said appeal shall be governed in accordance with MGL c. 40, § 21D.
Following the hearing pursuant to MGL c. 40, § 21D, the
City of Haverhill may immediately cause the graffiti to be removed
should the hearing officer determine that said graffiti constitutes
a public nuisance.
If the owner of said property fails to remove such graffiti in violation of §
160-5 after receiving written notice, such owner shall be subject to a fine of $100. No such fine shall be due should the owner of the property remove said graffiti within 30 days. Fines may be waived by the Director of Inspectional Services for any property owner or responsible party who can demonstrate that they acted in good faith to remove the graffiti or have a financial hardship.
Any person who gives information leading to the arrest and conviction
of any person applying graffiti on public or private property in violation
of this section, who testified in the prosecution of the violator,
shall be eligible, after all appeals have been exhausted, to receive
a reward of $100 from the City, except that no employee of the City
shall be eligible for such reward.
The provisions of this chapter shall be severable, and if any
section, part, or portion hereof shall be held invalid for any purpose
by any court of competent jurisdiction, the decision of such court
shall not affect or impair any of the remaining provisions.