[HISTORY: Adopted by the Board of Trustees of the Village
of Stewart Manor 9-2-1997 by L.L. No. 2-1997. Amendments noted where
applicable.]
A.
The Board of Trustees of the Incorporated Village of Stewart Manor
(hereinafter the "Board of Trustees") hereby finds and declares that
the existence of graffiti creates a visual blight which adversely
affects the aesthetics and property values within the Village of Stewart
Manor (hereinafter the "Village").
B.
It is the intent of this chapter to preserve the aesthetics and property
values within the Village, and otherwise promote the health, safety
and general welfare of its residents, by prohibiting graffiti on properties
within the Village and to require its removal.
As used in this chapter, the following terms shall have the
meanings indicated:
Any defacement of property by etching, painting, covering,
drawing, writing or marking.
A.
No owner of property located within the Village shall cause or permit
any graffiti to be or remain upon such property.
B.
The owner of property upon which graffiti exists must either remove
the graffiti or repaint the defaced surface using the same color paint
as previously existed on the defaced surface.
A.
Whenever there shall exist any graffiti and a complaint thereof is
received by the Village, the Village Administrator shall cause a notice
to be served upon the owner of the property on which the graffiti
exists, which notice shall:
(1)
Inform the person that the condition of the affected property constitutes
a violation of this chapter;
(2)
Specify the nature of the violation; and
(3)
Inform the owner that if he fails to remove the graffiti or repaint
the defaced surface, the Village shall cause the work required to
remedy the violation to be performed.
B.
A notice to remedy a violation of this chapter shall be served either
personally or by mailing a copy of said notice by registered mail,
return receipt requested, to such owner at his last known address
as the same appears on the assessment rolls of the Village.
If the owner upon whom the notice is served fails, neglects,
or refuses to comply with the provisions of the notice within seven
business days of the receipt of a notice to remedy, the Village shall
cause the work required to remedy the violation to be performed and
the cost thereof may be assessed, levied and collected as provided
herein.
Upon completion of the work required to remedy the violation,
the Village shall serve a notice upon the owner of the property affected,
stating that such expenditure has been made, its purpose and amount
and that at a specified time and place the Board of Trustees will
meet to make an assessment of the expenditure upon the real property
so affected. Such notice shall be served either personally or by mailing
a copy thereof by registered mail, return receipt requested, to such
owner at his last known address as the same appears on the assessment
rolls of the Village at least 10 days prior to the scheduled meeting.
The Board of Trustees shall meet at the time and place specified
in the notice and shall hear and determine all objections that shall
be made to such assessment, including the amount thereof, and shall
assess upon the real property affected the amount which it may deem
just and reasonable, not exceeding, in case of default, the amount
stated in the notice.
If the amount assessed is not paid within 15 days after such
assessment, the Board of Trustees may levy the amount expended as
a tax against the real property which is involved.
