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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. 027394> 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 / 1 i city otherwise within seven (7) days of the noticeandrequests a hearing in accordance- with subsection ig).. Z i ■ en■ /Sa t f � w � * 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 • IM • 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