The City Council of the City of the City of Mount Vernon hereby
finds and declares that graffiti creates a nuisance for our residents
and merchants. The unabated proliferation of graffiti is a physical
blight upon the landscape of the City and costs taxpayers, merchants
and homeowners substantial moneys to remove and repair. The City Council
also finds that when unchecked, graffiti presents an image of a deteriorating
community that no longer cares about itself.
Whenever the following terms are used in this chapter, they
shall have the following meaning:
ABATEMENT OFFICIAL
The Commissioner of Public Works or a designee or a duly
authorized representative.
GRAFFITI
The unauthorized writing, drawing, spraying of paint or marking
of paint, ink, chalk, dye or other similar substances on any fence,
wall, building, public or private, vehicles, or any other property,
real or personal, owned, operated or maintained by any public benefit
corporation the City of Mount Vernon or by any person, firm or corporation,
or any agency or instrumentality thereof.
GRAFFITI ABATEMENT PROCEDURE
An abatement procedure which identifies graffiti, issues
notice to the landowner or person in possession or tenant to abate
the graffiti, and provides for a remedy in the absence of a timely
compliance.
PRIVATE CONTRACTOR
Any person with whom the City shall have duly contracted
to remove graffiti.
UNAUTHORIZED
Without the permission of the landowner or person in possession
or tenant in possession or control of the subject property.
If the landowner, person in possession and control or the tenant
of the subject premises within 15 days from receipt of an abatement
notice notifies the abatement official or designee that it is unable
to abate the graffiti because of economic hardship and establishes
the same to the abatement official or designee, the City may enter
into a payment installment agreement for the cost of inscribed graffiti
removal and upon receipt of 50% of the cost thereof may remove said
graffiti.
The City shall follow the procedure set forth in Chapter
80 of the Code of the City of Mount Vernon pertaining to the abatement of public nuisances in general in order to obtain reimbursement for expenses incurred as a result of the removal of graffiti under this chapter.
The City Council hereby creates the City of Mount Vernon Anti-Graffiti
Trust Fund. Penalties assessed against violators of this chapter shall
be placed in the fund, along with any monetary donations received
from persons wishing to contribute to the fund. The Council shall
direct expenditures of moneys in the fund. Such expenditures shall
be limited to the payment of the cost of graffiti removal, the payment
of rewards for information leading to the conviction of violation
of the chapter, the costs of administering the chapter, and such other
public purpose as may be approved by the City Council.
The provisions of this chapter are severable and if any part
or subsection is determined to be invalid the remaining provisions
shall remain in full force and effect.