Chapter 9.16
GRAFFITI REMOVAL

Sections:

9.16.010    Graffiti deemed nuisance.

9.16.020    Definitions.

9.16.030    Graffiti prohibited.

9.16.040    Graffiti-Notice of removal.

9.16.050    City costs enforceable as debt or lien.

9.16.010 Graffiti deemed nuisance.

A. Graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates and other structures, trees and other real and personal property within the town constitutes a nuisance.

B. Although it is appropriate, where possible, to request that the courts require people who are convicted of acts of defacement and vandalism involving application of graffiti to public or private property to restore the property so defaced, damaged or destroyed, obtaining convictions for such acts is difficult because the offenses can be committed so quickly and secretly that frequently there are no witnesses.

C. Although the public should be encouraged to cooperate in the elimination of graffiti by reporting the same to the proper authorities, it is also important to eliminate the presence of graffiti from the community so that the product of the illegal acts of those involved in application of graffiti is not visible and the property on which the graffiti is located and surrounding properties do not suffer diminution of value.

(Ord. 262 §1(part), 1992).

9.16.020 Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

A. “Graffiti” means the defacing, damaging or destroying by spraying of paint or marking of ink, chalk, dye or other similar substances on public or private buildings, structures and places.

B. “Graffiti abatement procedure” means the abatement procedure which identifies graffiti, issues notice to the landowner to abate the graffiti, and cures in absence of response.

C. “Private contractor” means any person with whom the town shall have duly contracted to remove graffiti.

(Ord. 262 §1(part), 1992).

9.16.030 Graffiti prohibited.

It is unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate or other structure, tree, or other real or personal property, either publicly or privately owned, any drawings, inscription, figure or mark of the type which is commonly known and referred to as “graffiti” within the town.

(Ord. 262 §1(part), 1992).

9.16.040 Graffiti-Notice of removal.

A. Whenever the police chief or his/her designated representative determines that graffiti exists on any public or private buildings, structures, and places which are visible to any persons utilizing any public road, parkway, alley, sidewalk or other right-of-way within the town, and when seasonal temperatures permit the painting of exterior surfaces, the police chief or his/her designated representative shall cause a notice to be issued to abate such nuisance. After the date of the notice, the property owner shall have fifteen days to remove the graffiti or the same will be subject to abatement by the town.

B. The notice to abate graffiti pursuant to this section shall cause a written notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of Grant County, Washington. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:

1. By personal service on the owner, occupant or person in charge or control of the property;

2. By registered or certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address.

The notice shall be substantially in the following form:

Notice of Intent to Remove Graffiti

Date:

To:

NOTICE IS HEREBY GIVEN that you are required, by ordinance of the Town of Mattawa, at your own expense, to remove or paint over the graffiti located on the property commonly known as (address), Mattawa, Washington, which is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the town requires the nuisance to be abated by removal or painting over the graffiti. The cost of the abatement by the town or private contractors employed by the town to abate the nuisance will be assessed upon your property and such costs will constitute a lien upon the land until paid.

All persons having any objection to, or interest in said matters, are hereby notified to submit any objections or comments to the Police Chief of the Town of Mattawa or his/her desiganted representative, within ten (10) days from the date of this notice. If no objections or comments to the notice are received by the town, the town will, at the conclusion of the fifteen (15) day period, proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.

(Ord. 262 §1(part), 1992).

9.16.050 City costs enforceable as debt or lien.

Any and all costs incurred by the city in the abatement of the graffiti nuisance as provided in this chapter shall constitute a debt owed to the city by the property owner or person in charge or control of the property, and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts.

(Ord. 262 §1(part), 1992).