[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 11-8-2006 by Ord. No. 1191. Amendments noted where applicable.]
Damaging property — See Ch. 229.
It shall be a violation of this chapter for the owner of any property within the Borough to allow graffiti to remain upon any exposed surface of any property.
As used in this chapter, the following terms shall have the meanings indicated:
- Any drawing, painting, mark or inscription on public or private real or personal property without the prior written permission of the owner of the property.
In the event graffiti is found, the Borough shall provide the owner of record written notice of an order to remove said graffiti by certified and regular mail, which order shall afford the opportunity to remove the graffiti within 90 days of the date that the notice is sent. However, the State Department of Transportation shall be afforded 120 days from the date a notice is sent to remove graffiti from property owned by the Department.
The Borough's order to remove shall contain a form to be utilized by a property owner to inform the Borough that the graffiti has been removed and shall contain a certification stating that, by affixing a signature to the form indicating that the graffiti has been removed, the order is certifying that the facts set forth therein are true and that the certification shall be considered as if made under oath and subject to the same penalties as provided by law for perjury.
An owner who has been ordered to remove graffiti shall respond to the Borough by personal delivery or certified mail:
An owner who objects to an order to remove graffiti may institute an action challenging the order before a court of competent jurisdiction within 60 days of the date of the order.
If a property owner does not undertake the removal of graffiti within 90 days of the date of the order or, in the case of the Department of Transportation, within 120 days of the date of the order, unless an action challenging the order to remove graffiti is still pending, the municipality may remove the graffiti from that property and present the property owner with a detailed itemization of the costs incurred by the municipality, by certified mail and regular mail, for reimbursement from the property owner.
Whenever a municipality undertakes the removal of graffiti from any building, structure or other exposed surface, the governing body of the municipality, in addition to assessing the cost of removal as a municipal lien against the premises, may enforce the payment of such assessment, together with interest, as a debt of the owner of the property and may authorize the institution of an action at law for the collection thereof. The Superior Court shall have jurisdiction of any such action.