The Board of Trustees of the Village of East
Rockaway enacts this chapter to prevent the spread of graffiti vandalism
and to establish the means for the removal of graffiti from public
and private buildings and property. The Board of Trustees has determined
that the defacing of private and public property with graffiti creates
an unsightly appearance and a public nuisance for the community and
Village residents. Further, graffiti on public and private property
devalues property values in the community and causes a decline in
the quality of life for the Village residents. Moreover, graffiti
is often used as a gang marker or tag to promote gang activity or
designate gang territories in a locale. It is the purpose of this
chapter to prevent public and private buildings and property from
being defaced and defiled with graffiti to ensure that graffiti is
promptly removed from said buildings and property and to eliminate
gang activity in our communities.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Any structure used for commercial, business or residential
purposes and any structure appurtenant to said use, such as garages,
fences, retaining walls, facades or any other structure, located within
the Village of East Rockaway.
GRAFFITI
Any illicit and/or unauthorized inscription, word, figure,
mark, painting, shape or other defacement that is written, marked,
etched, drawn, painted, scratched, sprayed, engraved or portrayed
on or otherwise affixed to any surface of any public or private building
or other structure or any other real or personal property owned by
others or that is deemed a public nuisance by the Village of East
Rockaway.
GRAFFITI IMPLEMENT
Any aerosol spray paint matter or broad-tipped marker with
a marking surface of 1/4 inch or more in any direction or any other
substance or item used to make graffiti and/or related vandalism.
MINOR
Any person who is less than 18 years of age.
PROPERTY
Includes any real property, appurtenances and personal property,
including all trailers, vehicles or other similar personal property,
wherever it may be.
PROPERTY OWNER
Any fee owner or other person exercising a legal possessive
right and/or legal control over property.
No person shall apply graffiti on any public
or private building or other structure or any other real or personal
property owned by others.
[Amended 5-11-2009 by L.L. No. 4-2009]
A. Removal by perpetrator. Any person applying graffiti
shall have the duty to remove the graffiti within 24 hours after notice
by a property owner. Such removal shall be done in a manner prescribed
by the Superintendent of the Building Department. Any person applying
graffiti shall be responsible for the removal or the payment of the
cost of removal. Failure of any person to remove the graffiti or to
pay for the removal shall constitute an additional violation of this
chapter. Where graffiti is applied by a minor, the parents or legal
guardian shall be jointly and severally liable for such removal or
for the payment of such removal.
B. Removal by property owner.
(1) In the event the graffiti is not removed from the property in accordance with Subsection
A above, the property owner shall remove the graffiti or shall pay to have the graffiti removed from the property within 10 days of receiving a notice of defacement from the Village of East Rockaway. Said notice of defacement shall contain the following information:
(a)
The street address and/or other legal description
of the property sufficient for identification of the property;
(b)
A description of the graffiti and its approximate
location on the property; and
(c)
A statement that the graffiti must be removed within 10 days of receipt of the notice and that if the graffiti is not removed within that time the Village will declare the graffiti on the property to be a public nuisance subject to the removal by the Village procedures contained in Subsection
C.
(2) Graffiti with offensive content. Any graffiti applied
within the Village which includes a message, picture or symbol that
is obscene, racist, sexually explicit, a true threat or that is likely
to incite unlawful activity shall be removed by the property owner
within 24 hours of notification by the Village. Said notification
may be verbal or in writing.
C. Removal or covering by Village. In the event the graffiti is not removed from the property in accordance with Subsections
A and
B above, the Village may utilize public funds to remove or cover the graffiti pursuant to the following procedure:
(1) The Village shall make a written declaration that
the graffiti is a public nuisance and that it intends to remove the
graffiti from the property, or, in the case of graffiti with offensive
content, the Village shall provide a verbal or written notification
to the property owner.
(2) In the case of graffiti not having offensive content, the Village shall serve a copy of said declaration, described in Subsection
B above, upon the owner of the property by first-class mail.
(3) After 10 days have expired from service of the declaration,
or, in the case of graffiti with offensive content, after 24 hours
have expired from the Village's notice, the Village may remove or
cover the graffiti.
(4) Upon removal or covering of the graffiti, the Village
will serve the owner, by first-class mail, with a copy of the invoice
covering all costs related to the removal or covering of the graffiti.
(5) The property owner shall pay said invoice within 30
days of receipt of said invoice.
(6) If the invoice is not paid within 30 days of presentment,
then in that event:
(a)
If the property on which the graffiti was removed
or covered is real property, the amount of the unpaid invoice, plus
an administrative charge of $100, shall be attached to the next property
tax invoice for said real property as a special assessment and shall
become a lien on said real property with the same force and effect
as a tax levy; or
(b)
If the property on which the graffiti was removed
or covered is personal property, the amount of the unpaid invoice,
plus an administrative charge of $100, shall be a continuing and perpetual
lien in favor of the Village upon all property, both real and personal,
belonging to the owner of the personal property where the graffiti
was removed or covered and shall have the same force and effect as
a lien created by judgment. The lien shall attach to all property
belonging to the owner at any time during the period of the lien,
including any property obtained after the lien arises. The lien shall
have priority over all other liens except real property taxes. The
County Clerk of the county where any owner's property is located shall
record the lien in its judgment liber.
(7) The Village Board, upon recommendation by the Superintendent
of the Building Department, may waive presentment to the property
owner of the invoice for the cost of the removal or covering of the
graffiti.
This chapter shall be considered remedial in
nature and should be liberally construed to protect the health, safety
and welfare of Village residents, as well as to advance a more aesthetic
public environment, so that substantial justice is done.