HomeMy WebLinkAbout027394 ORD - 08/28/2007AN ORDINANCE
AMENDING CHAPTER 33, ARTICLE VI. GRAFFITI CONTROL
OF THE CITY CODE OF ORDINANCES BY REVISING THE
PROVISIONS REGARDING NOTICE REQUIREMENTS, THE
HEARING PROCESS, ERADICATION EFFORTS AND
PROVIDING FOR LIENS; PROVIDING FOR SEVERANCE;
PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION . That Chapter 33, Offenses and miscellaneous provisions is
amended by revising Article VI, Graffiti Control, to read as follows:
ARTICLE VI. GRAFFITI CONTROL
DIVISION 1. GENERAL PROVISIONS
Sec. 33-100. Purpose and intent.
The city council enacts this article to help prevent the spread of graffiti vandalism
and to facilitate removal of graffiti from public and private property.
The council finds that graffiti is a public nuisance and destructive of the rights and
values of property owners and the entire community. Unless the city acts to
remove graffiti from public and private property, the graffiti tends to remain. Other
properties then become the target of graffiti, and entire neighborhoods are
infected and become less desirable places in which to live and support families.
Graffiti erodes property values which reduces critical tax base. Graffiti intimidates
citizens and promotes a lawbreaking environment.
The council finds that existing law is inadequate to combat graffiti in the city. This
article is intended to provide additional enforcement tools to protect public and
private property from graffiti, and shall not be construed to conflict with existing
state laws.
The council finds that property owners must take responsibility for removal of
graffiti on their property. This may be done by removal or overpainting by the
property owner, or by the property owner providing written permission for
removal by the city or its agents, volunteers or community service painting
groups.
Sec. 33-101. Definitions.
Unless a provision explicitly states otherwise, the following terms and phrases
shall have the meanings designated.
erosol paint container means any aerosol container that is adapted or made for
the purpose of applying spray paint or any other substances capable of defacing
property.
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Consent means assent in fact, express or apparent, by the owner of real
property or a person legally authorized to act for the owner.
Felt tip marker means any felt tip marker or similar implement with a fiat or
angled writing surface that, at its broadest width, is three-eighths of one inch or
greater, containing ink whether water soluble or not.
Graffiti means any unauthorized inscription, word, letter, figure, painting,
drawing, mark, or other defacement that is written, marked, etched, scratched,
sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of
public or private property.
Graffiti implement means any aerosol paint container, paint gun, paint ball gun,
felt tip marker, paint stick or graffiti stick, brush, or etching tool or etching device
pr any other device that facilitates or is capable of scarring, marking, or otherwise
defacing glass, metal, concrete, wood, or any surface.
Minor means, for the purposes of this article, any person under
(2i)ghteen years of age.
Owner means any person who has title to the real, property or legal right to
control the property, including the owner's authorized representative.
Paint stick or graffiti stick means any device containing a solid form of paint,
chalk, wax, epoxy, or other similar substance capable of being applied to a
surface, and upon application, leaving a visible mark.
Removal means any method of obscuring, covering, eradicating, sandblasting,
treating, overpainting, or washing which serves to combat the existence and
appearance of graffiti.
Unauthorizedmeans without the advance consent of the owner and without
authority of la, regulation, or ordinance.
Volunteer nteer or Community service painting groups means organizations whose
activities include projects to cover graffiti. This purpose does not include painting
houses, fences, or structures to enhance their value.
DIVISION 2. OFFENSES
Sec. 33-102. Defacement.
(a) of graffiti. Application of graffiti is unlawful under Texas Penal
Code 28.03 (criminal mischief) and -Texas Penal Code 2±3.0_8 and shall
be prosecuted thereunder.
(b) Applicator's failure to remove graffiti. A person who applies graffiti commits
an offense every day the person fails to remove the graffiti and restore the
property to its original condition.
(c) duty. A parent may be prosecuted under city Code section 339
for lack of supervision related to graffiti. A parent's civil liability for graffiti damage
by a child is controlled by Texas Family Code section 41.001.
Sec. 33-103. Possession of graffiti implement.
(a) Minor's possession of graffiti implement A minor commits an offense if the
minor possesses a graffiti implement on public or private property. It shall be a
defense to prosecution that the graffiti implement was possessed with the
advance consent of the property's owner. ft shall be a further defense to
prosecution that the graffiti implement was possessed in a place where it was
going to be used in a nongraffiti activity, such as employment, school, church,
art, or other activity, or enroute to or from such place.
(b) Closed property; possession of graffiti implement. A person commits an
offense if he possesses a graffiti implement in any publicly -owned or privately -
owned building, facility, park, school ground, playground, swimming pool, right -
of --ay, or other property, or grounds thereof, when such property is closed to the
public. It shall be a defense to prosecution that the person's presence in the
closed area was with the advance consent of the owner.
Sec. 33-104. F e noval of graffiti by property owner; city removal of graffiti
upon failure of property owner to do so; notice required.
(a) Property owner's failure to remove grafin. A person commits an offense if
the person is the owner of the real property and knowingly fairs to remove and
fails to consent to the removal of graffiti from the property, if3dudiflg any
ap_purtenancess within seven days of receipt of written notice
provided by the city in accordance with subsection a of this section when the
graffiti is visible from:
(1) A public place;
(2) Public right-of-way; or,
(3) Another person's real property.
(ebb Notice of v ola ion and i fit to due process imarfpg. The city must notify
the real property owner in writing that the owner's property appears to have
graffiti r r v t s r ar r
and inform the owner that the owner's consent to removal
by the city will be presumed unless the owner notifies les the
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city otherwise within seven (7) days of the noticeandrequests a
hearing in accordance- with subsection ig)..
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Noticeunder this Article shall begiven:
ft Personally r Wait to the o _npr; ,er
(?IayVaiLaddressd to the owner's address or P.O. Box or
(3) posting the notice on or near the front dorpfJimainijIding
the property to which the violation relate• or
4 • ostin ! the notice on a • lacard attached to a stake driven into the
ground on the property to whichthe violation lte tf #e property
contains no buildings.
c
Hearin
••
rocess. The owner of real
ro • e
sb'ect to abatement under this
article refusing nsent_ r rnovai r a r q t he rin y notifying the city
within seven 7 da s followin • the date the cserves the re' uired notice. The
hearincohallbe conducted by a hearing official designated_bOhe city, manager
for th _u ose of determinin whether the conditions constitute a •ublic
nuisance under the provisions of thisi\rticie. Unless notice is waived b the
owner the owner shall be • rovided written notice of the time and • lace of the
hearin
at least seven 7 da s • rior thereto. At the hearin
the owner and the
cma • resent an
evidence relevant to the
roceedin
s. If the hearin
official
finds that conditions constituting a nuisance exist, the he rin, f cial shall ll iss ,e
an order so statin • . nd that unless the • raffiti is removed within fo -el ! ht 48
hours, the cityshall enter upon the property, abate the graffiti, and Drovicle the
own - r with a statement of the costs of the Brad is - tion effort on a full cost
recovery basis. The determination of the hearing official after the hearing s it
be final and not appealable.
fd) err. Not sooner than the time_ eedinthe order of the
hearin official the ci mana er or the c mana er's desi. nee shall
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•
lenient the eradication order and shall
1
rovide a statement of costs to the
owner demanding payment of tl e -actual- associated abatement costs within thirty
30 da s of recei • t in addition to a 50.00 administrative • rocessin fee. The
ci ma also assess additional char! es for actual costs incurred durin
extraordinary abatement efforts.
(e) Written Consent. Written consent -gin by the owner owner's
representative to enter and abate the ro constitutes continue nq
consent and shall remain in effect for future abatement actions until revoked in
►ingjytheownerqowner's- reritive.
f Liens. If an invoice or statement of costs has not been • aid within the
specked time period, the city mana er or the ci mana• er's designee may flip
a statement of expenses incurred with the County Clerk of the counV stating the
owners name if known i nd the le • al descri'tion of the lot orparcel. The
statement of expenses or a _qertifie,c1mkt of the statementshall be prima facie
proof of the expenses incurred. Such statement shall be and the city shall have a
rlvlieed lien for enc ndit res made and interest accruingat the rate a .l ed by
Lawn the amount due from the date incurred b the ci . S ch liens shall b
inferior onl to tax liens and liens for street im •rovements. The ci ma foreclose
such liens in a proceeding bruht in accordance rrith a livable law. The
remedy allgtwed in this subsection shall not be the ci is sole r r id
g Any monetary afn urr is collected or moneta donations receiv under this
Article are designated within the general fund to be used for activities consistent
with graffiti eradication.
Sec.
sec. -1 5. Criminal penalty.
An offense under this article shall be punishable by a fine of five hundred
dollars ($500.00).
DIVISION 3. ANTI -GRAFFITI ACTION
Sec. 33-106. Anti -graffiti action.
The city manager or city manager's designee is directed to implement, as
resources permit, measures aimed at graffiti control, including but not limited to:
(1) Providing public information on free and restitutional graffiti removal
programs and on contractors who perforin removal services.
(2) Coordinating governmental and volunteer graffiti removal programs through
the formation of a graffiti task force made up of community stakeholders working
on the eradication of graffiti.
(3) Providing information on methods to discourage graffiti, such as building
techniques, lighting, and landscaping,
(4) Creating a reward program for information concerning graffiti vandals, with
public advertisement thereof.
Removing of graffiti promptly from city -owned property, including traffic
boxes.
(6) Requiring uiring property owners to remove graffiti within seven 7 days
of receipt of written notice.
Encouraging a paint bank from which community-based groups or
individuals may obtain paint and materials needed to remove graffiti, and
encouraging businesses and other potential donors to contribute to the paint
bank.
Educating arents and the public that parents are liable for damages caused
by their child's graffiti.
Encouraging anti -graffiti education in schools.
(10) Establishing a system for the city to accept assignment of claims from
graffiti victims in order to file damage suits against parents and graffiti vandals.
(11) Evaluating annually the effectiveness of this article, and recommending to
the council on the possible need to adopt additional measures.
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of
Corpus Christi as required by the city Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Section 33-105.
SECTION 5. The effective date of this Ordinance shalt be September 4, 2007.
That the foregoing ordirAnce was rea
reading on this the day of
Henry Garrett
Melody Cooper
Larry Bizondo, Sr.
Mike Rummell
Bill Kelly
fo
r
th
first time and passed to its second
2007, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mike McCutchon
tt 2
That the fore of g ordinancp.was r ad for the second time and passed finally on
this the 2rt9 day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Eti ondo, Sr. Nelda Martinez
Mike Hu mell e Mike McCutchon
Bill Kelly
PASSED AND APPROVED, this the 9
day of 111
2007.
ATTEST: CITY of CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form _Aqii v i f I _ s , 2007.
By: /c(
Joseph Ha
Assistant City Attorney
For City Attorney
027394
PUBLISHER'S AFFIDAVIT
State of Texas 1 CITY OF C.C./CITY SECRETARY
County of Nueces } Ad # 5811777
PO #
Before me, the undersigned, a Notary Public, this day personally came CRIS
HURTA o, who being first duly sworn, according to law, says that she is
LEGAL SALES REPRESEN TI I E AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Chr(sti Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Reedy, Kleberg, Live Oak,
Nueces, Refugio, San Patrick', Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE which the annexed is a true copy, was
inserted in the Corpus Christi Caller -Times on the 3RD clay of September 2007,
$108.39
1 Time(s)
LEGAL SALES REPRESENTIVE
On this day of 1S-, 2 CA certify that the attached document
is a true and an exact copy made byublisher.
'= PENN J. MEDINA
*: :* MY COMMISSION EXPIRES
r y
• '
August GR
2008
Public, State of Texas
September 3, 2007
NOTICE OF
PASSAGE OF
ORDINANCE N.
027394
Amending Chapter 33,
Article VI. Graffiti Con-
trol, of the City Code
of Ordinances by re-
vising the provisions
regarding notice re-
quirements, the
hearing process,
eradication efforts and
providing for liens;pro-
viding for publication;
providing for penalties;
and providing for an
effective date. This oro
dinanco was passed
and approved by the
City Council of the City
of Corpus Christi on
August 28, 2007. The
effective date isSep-
tember 4, 2007.
Is/ Armando Chapa
City Secretary
City of Corpus Christi