Borough of Bellevue, PA Chapter 152 Graffiti

[HISTORY: Adopted by the Town Council of the Borough of Bellevue 10-5-1993 by Ord. No. 93-25. Amendments noted where applicable.]

§ 152-1 Definition.

As used in this chapter, the following terms shall have the meanings indicated:

GRAFFITI

The unauthorized spraying, marking or inscribing of paint, ink, chalk, dye, etching or other similar substances on any permanent surface located on public or private property, including, but not limited to, any building, wall, curb, sidewalk, post, pole, lamppost, hydrant, bridge, tree or other permanent surface located on public or private property.

§ 152-2 Graffiti; public nuisance.

Graffiti that is visible from a public right-of-way or other public or private property is declared to be a public nuisance.

§ 152-3 Permitting continued existence.

It shall be unlawful for any person owning or otherwise being in control of any real property within the Borough to maintain graffiti upon any wall, structure or other permanent surface located on such property when the graffiti is visible from the street or other public or private property.

§ 152-4 Notice.

A. Whenever the Director of Administrative Services or his/her designee determines that graffiti is located on a public or privately owned structure or other permanent surface or public or privately owned real property within the Borough so as to be visible from any public right-of-way or other public or private property in the Borough, the Director of Administrative Services or his/her designee shall issue a twenty-four-hour written notice of intention to abate and remove the graffiti as a public nuisance and shall serve such notice in any of the following methods:

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

(2) By posting at a conspicuous place on the property or abutting public right-of-way.

(3) By sending a copy of such notice by registered or certified mail addressed to the owner or person in charge or control of the property, at the address shown on the last available assessment roll or as otherwise known.

B. The notice of intention shall be in substantially the following form:

	NOTICE OF INTENT TO REMOVE GRAFFITI
	(Date) _______________________:
	NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti in existence on the property located at ________________________ (address), which is visible to public view, within 24 hours after the receipt of this notice or, if you fail to do so, Borough employees or private contractors employed by the Borough will enter upon your property and abate the public nuisance by removal or painting over the graffiti. The cost of the abatement by the Borough employees or its private contractors 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 Borough Director of Administrative Services or his/her designee within 24 hours from the receipt of this notice. At the conclusion of this twenty-four-hour period, without further notice and at your expense, the Borough may proceed with the abatement of the graffiti inscribed on your property.

§ 152-5 Appeal.

A. Within 24 hours or the next regular business day from receipt of the notice, the owner or person occupying or controlling such property affected may appeal the order of abatement to the Director of Administrative Services of the Borough of Bellevue. Appeals shall be filed with the Borough business office and shall be accompanied by a letter stating the reasons for the appeal.

B. Within five days of receipt of that appeal application, the Borough business office shall notify the applicant of the date, time and location at which the Director of Administrative Services shall hear the appeal.

§ 152-6 Removal by Borough.

Twenty-four hours after receipt of the notice or, if appealed to the Director of Administrative Services, not less than 24 hours after the decision of the Director of Administrative Services declaring the graffiti to be a public nuisance, the Borough is authorized and directed to cause the graffiti to be abated by the Borough or private contractor, and the Borough or its private contractor is expressly authorized to enter upon the property for such purposes.

§ 152-7 Assessment of costs.

A. The Borough personnel or contractor hired by the Borough who abates the nuisance under the provisions of § 152-6 above shall keep an account of the costs of such abatement. Such personnel or contractor shall submit to the Director of Administrative Services of the Borough of Bellevue, for confirmation, an itemized report showing such costs. The Director of Administrative Services of the Borough may modify the report if it is deemed necessary.

B. Such special assessment shall be payable to the Borough within 30 days of said abatement. The Director of Administrative Services shall set forth in every municipal lien certificate the status of the assessment, and any amounts due must be paid prior to or at the time of the transfer of ownership of said property.

§ 152-8 Removal of graffiti.

Whenever the Director of Administrative Services or his/her designee determines that graffiti is located on a public or privately owned structure or other permanent surface on public or privately owned real property within the Borough so as to be visible from any public right-of-way or other public or private property in the Borough, the Director of Administrative Services or his/her designee is authorized to provide for the removal of the graffiti solely at the Borough's expense without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:

A. The Borough shall not paint or repair a more extensive area than is necessary to remove the graffiti.

B. Where the structure or permanent surface is owned by a public entity other than this Borough, the removal of the graffiti may be performed only after securing the consent of the public entity having jurisdiction over the structure or permanent surface and only after such entity executed an appropriate release and right of entry form permitting such graffiti removal.

§ 152-9 Violations and penalties; recovery of costs and expenses.

Any person convicted of applying graffiti to any wall, structure or other permanent surface located on a public or privately owned real property within the Borough shall be guilty of criminal mischief as defined in Section 1 of the Act of December 6, 1972, P.L. 1482, No. 334, 18 Pa.C.S.A. § 3304, and shall be fined according to said statute, which is incorporated herein by reference thereto.