[HISTORY: Adopted by the Village Board of the Village of Deposit 5-9-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
The Village Board of Trustees ("Village Board") of the Village of Deposit 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 costs taxpayers, merchants and homeowners substantial monies to remove and repair. The defacing of such property and the use of foul language in many of the writings is harmful to the general public and violates the good and welfare of the citizens and residents of the Village.
No person shall write, paint or draw any inscription, figure or mark of any type on any building or structure or any other real or personal property located in the Village of Deposit, without the express written permission of the owner of the property or their agent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates § 87-2 of this chapter shall be punished by a fine of not more than $250. 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 services, in the court's discretion.
A. 
Removal. The owner of record or their 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 15 days after written notice has been given by the Village to said owner or their agent to remove the graffiti. Where the surface was previously painted, the same color paint shall be used on the defaced surface.
B. 
Remedy by Village. If the graffiti condition is not cured or corrected within one week 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, 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 property upon which the graffiti was found to be and shall be added to and become a 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.
The Village Board of the Village of Deposit or its enforcement officer are hereby authorized in the name and on behalf of the Village to undertake and prosecute any proceedings necessary or appropriate to enforce compliance with this chapter.
If any part of provision of this chapter or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not effect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances and the Village Board of the Village of Deposit hereby declares that it would have passed this chapter or the remainder thereof had such invalid application or invalid provision been apparent.
All ordinances, local laws and parts thereof inconsistent with this chapter are hereby repealed.