This chapter may be cited as the “Santa Fe County Graffiti Ordinance.”
(Ordinance 2007-12, sec. 1, adopted 11/13/07)
(A)
The board of county commissioners (hereinafter referred to as “the board”) hereby declares that graffiti is a public nuisance that, if not promptly removed, will attract additional graffiti and has the effect of depressing property values and makes the county a less desirable place to live and visit.
(B)
Any owner or person in control of real or personal property defaced by graffiti has a duty to timely abate or cause it to be removed.
(Ordinance 2007-12, sec. 2, adopted 11/13/07)
This chapter is enacted pursuant to the authority in NMSA 1978, section 4-37-1 (1975) (as amended) to make and publish any ordinance to discharge the powers not inconsistent with statutory or constitutional limitations placed on counties. NMSA 1978, section 3-18-17(A) (1965) (as amended) permits a county “by ordinance [to] define a nuisance, abate a nuisance and impose penalties upon a person who creates or allows a nuisance to exist.” NMSA 1978, section 4-37-3 (1993) (as amended) permits the county’s enforcement “by prosecution for violations of [its] ordinances in any court of competent jurisdiction of the county.”
(Ordinance 2007-12, sec. 3, adopted 11/13/07)
To permanently remove or obscure so as to make graffiti indistinguishable.
Any inscription, work, figure, or design marked, etched, scratched, drawn, or painted on any surface without the express permission of the owner.
The owner that owns property upon which graffiti is found, the person in control of that property, or the owner’s representative, an agent or attorney-in-fact of the owner.
(Ordinance 2007-12, sec. 4, adopted 11/13/07)
(A)
Whenever the county finds that graffiti has been placed upon a structure, vehicle, improvement or natural feature within the county which is visible from a public right-of-way or county-owned land, the county shall give or cause to be given written notice of violation of this chapter by certified mail to the owner that the graffiti shall be abated within fifteen (15) calendar days of notice being sent.
(B)
The owner may elect to have the county abate the graffiti if the county, in its sole discretion, determines that it has sufficient staff and resources to complete the abatement. The owner may be required to reimburse the abatement and related administrative costs.
(Ordinance 2007-12, sec. 5, adopted 11/13/07)
(A)
Any person may report alleged graffiti or a violation of this chapter to the county.
(B)
Any person found guilty of violating this chapter may be punished in accordance with NMSA 1978, section 4-37-3 (as amended).
(C)
The county may apply to a court of competent jurisdiction for an order or orders to compel abatement of graffiti.
(Ordinance 2007-12, sec. 6, adopted 11/13/07)