[Ord. No. 3521 §6, 12-14-2006]
A.
The
Board of Aldermen hereby finds and determines as follows:
1.
That graffiti as defined in this Article constitutes a nuisance in
light of the City's unique history and national recognition as the
oldest permanent European settlement west of the Mississippi River;
2.
That the City contains the largest collection of French colonial
buildings in North America and the only surviving French colonial
village in the United States and the City has developed an extensive
tourism industry based on such history and attributes which is essential
to the future health and welfare of the residents of the City; and
3.
That graffiti will not only deface and detract from the City's historic
landmarks but will also adversely affect tourism and its benefits
to the City and residents, thus the City must discourage and swiftly
abate graffiti within the City limits.
[Ord. No. 3521 §6, 12-14-2006]
The following words, terms and phrases, when used in this Article,
shall have the meanings respectively ascribed to them in this Section:
Any word, phrase, motto, name, symbol, design, writing, marking
or picture in public view that is written, scribbled, painted, drawn,
etched, scratched or otherwise marked directly onto any exterior surface
of a house, building, other structure, driveway, sidewalk, fence,
rock, wall, bridge, tree or any other public or private property,
whether real or personal property; provided that graffiti shall not
include any sign or sign content lawfully existing pursuant to the
City's adopted sign regulations.
Any company or person with whom the City has contracted to
remove graffiti.
[Ord. No. 3521 §6, 12-14-2006]
Graffiti is hereby declared to be a nuisance requiring abatement
by removal from both public and private property under the procedures
set forth in this Article.
[Ord. No. 3521 §6, 12-14-2006]
A.
Whenever
the Chief of Police or the City Administrator determines that graffiti
exists within City limits, the Chief of Police or City Administrator
shall cause a written notice to be issued to the property owner to
abate such nuisance within ten (10) business days of such determination.
The property owner shall have ten (10) business days after the date
of such notice to remove the graffiti.
B.
The
notice shall be served upon the owner(s) of the affected property,
as such owner's name and address appears on the last property tax
assessment rolls of the City.
C.
The
notice may be served as follows:
1.
By personal service on the owner, occupant or person in charge or
control of the property; or
2.
By registered or certified mail, receipt requested, addressed to
the owner at the owner's last known property address. If the owner's
address is unknown, the notice shall be sent or posted in care of
the property address.
D.
The
notice shall be substantially in the following form:
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"[DATE]
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NOTICE IS HEREBY GIVEN that you are required by law at your
expense to remove or paint over the graffiti located on the property
located at ________________________________, Ste. Genevieve, Missouri,
which is visible to public view, within ten (10) business days after
the date of this notice. If the graffiti is not removed or painted
over within this time, City employees or private contractors hired
by the City will enter upon your property and abate this nuisance
by removing or painting over the graffiti. The cost of the abatement
by the City or its private contractors shall be assessed upon your
property. Such costs, if not paid within ten (10) business days of
the abatement, shall constitute a lien upon the property or upon the
land on which the property containing the graffiti is located until
paid."
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[Ord. No. 3521 §6, 12-14-2006]
Upon failure of the property owner to comply with the notice
by the designated date, the City shall cause the abatement of the
graffiti by City employees or by a private contractor. The City employees
or the private contractor are each expressly authorized to enter upon
the premises for such purposes. City employees or the private contractor
shall take all reasonable efforts to minimize damage from such entry.
If City employees perform the abatement, such employees shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti is located.
[Ord. No. 3521 §6, 12-14-2006]
At reasonable times, the Chief of Police or a duly authorized
representative of either the Chief of Police or the City Administrator
may lawfully enter onto private property to inspect or to ascertain
the existence of graffiti. If any person refuses to allow entry onto
private property, the Chief of Police or the City Clerk may obtain
an administrative search warrant from the Municipal Court in accordance
with the provisions of this Code and shall proceed in accordance therewith.
[Ord. No. 3521 §6, 12-14-2006]
Should the City or its private contractor abate the nuisance,
the cost of abating the nuisance under this Article shall be assessed
and levied on each lot on which the nuisance was abated.
