Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
[Added 10-24-2006 by Ord. No. 2006-26]
For the purposes of this section, "graffiti" means any drawing, painting or making of any mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.
[Added 10-24-2006 by Ord. No. 2006-26]
It shall be unlawful for any person to deface, destroy or otherwise damage private or public property without the owner's consent, by or through the application of "graffiti."
[Added 10-24-2006 by Ord. No. 2006-26]
A. 
It shall be unlawful for the owner of record of any property, whether privately or publicly owned, to permit the application of or fail to remove any graffiti from the property upon receipt of notice from the Township to remove such graffiti.
B. 
The owner of record of the property shall be given written notice to remove graffiti. The notice shall be delivered to the owner by certified and regular mail. The order shall afford the owner the opportunity to remove the graffiti within 90 days from the date that the notice is sent, however, the New Jersey Department of Transportation shall be afforded 120 days from the date a notice is sent to remove graffiti from property owned by the department.
C. 
The notice to remove graffiti shall include a form to be utilized by the property owner to inform the Township that the graffiti has been removed. The form shall contain a provision stating that by affixing a signature to the form, indicating that graffiti has been removed, the owner is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
D. 
An owner who has been ordered to remove graffiti shall respond to the Township by personal delivery or by certified mail:
1. 
Of any objection to the order, within 30 days of the date of the order, or
2. 
Of notice that the graffiti has been removed, within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order.
E. 
An owner who objects to an order to remove graffiti must institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
F. 
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order, or in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti has been filed and is pending, the owner is in violation of this section and the Township, at its discretion, may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the Township, by certified and regular mail, for reimbursement from the property owner.
G. 
Whenever the Township undertakes the removal of graffiti from any building, structure or other exposed surface, the governing body, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.
[Added 10-24-2006 by Ord. No. 2006-26]
Any person, firm or corporation who violates any of the provisions of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.