[Adopted 5-17-2017 by Ord. No. 4-2017]
No person shall be permitted to paint on or otherwise deface
or mark property owned by the City of Nanticoke, including but not
limited to streets, sidewalks, right-of-way areas and real property,
whether improved or unimproved, without prior written authorization
of the City of Nanticoke unless otherwise permitted by law. Public
utilities are permitted to mark streets, sidewalks and rights-of-way
to the extent permitted by law. The City of Nanticoke reserves the
right to paint or mark City-owned property, upon request of a resident,
provided that the resident pays for all costs associated with such
work. The City reserves the right to approve or reject requests for
such work as it deems appropriate.
Any person violating the provisions of this article shall be
subject to a fine of not less than $100 and not more than $300, and
each day that the condition is permitted to exist shall constitute
a separate violation for the purposes of this article. Any person
found to be in violation of this article shall restore the City-owned
property to the condition that it existed in prior to the painting
or defacing of the property at its own expense. Failure to restore
the property under this provision shall result in the City restoring
the property and imposing the cost of said restoration upon the property
owner. If such costs are not paid within 15 days of notice by the
City, the City shall place a lien against the property for all costs
and fines, including all filing fees and attorneys fees occasioned
for having to take these actions.
All ordinances or parts of ordinances of the City of Nanticoke
in conflict with this ordinance to the extent of such conflict, and
no further, are hereby repealed.
The provisions of this article are severable, and if any section,
sentence, clause, revision, part or other portion hereof shall be
held unconstitutional, illegal, invalid or otherwise ineffective,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of the Council of the City of Nanticoke that this
article would have been adopted had such unconstitutional, illegal,
invalid, or otherwise ineffective section, sentence, clause, or provision,
part or other portion not been included herein.