[HISTORY: Adopted by the Board of Trustees of the Village of Menands 2-5-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
It is the intention of the Village Board of the Village of Menands to prohibit the placement of graffiti on buildings or apartment structures and to require persons in charge of said building structure or property to remove the same so as to improve the quality of life and aesthetic nature of the Village of Menands.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any structure used for commercial, business or residential purposes and any structure appurtenant to said use, such as garages, fences, retaining walls, facades or any other structure, located within the Village of Menands.
- Any mark, figure, drawing, inscription or other notation, drawn, written, etched, painted or otherwise placed on any surface, building or property, inclusive of the use of stickers or paste-on stamps containing the marks defined herein, without the permission of the owner or occupant thereof.
- Any fee owner or other person exercising a legal possessive right and/or legal control over property.
- Includes any human being, corporation, partnership, authority, company, municipality, unincorporated association, special improvement district, fire company, the State of New York or any other entity able to sue or be sued.
- Includes any real property and appurtenances and personal property, including all trailers, vehicles or other similar personal property, wherever it may be.
No person shall make graffiti on any public or private building or other structure or any other real or personal property owned by others.
The owner, tenant and/or person in control of any building or personal property shall be required to remove any graffiti applied to such property not more than 15 days after such graffiti occurs. Failure to remove graffiti shall be a violation of this chapter.
Failure or refusal to remove graffiti.
In the event that the owner, tenant and/or person in control of such a building, property or personal property shall fail or refuse to remove graffiti from his property, then said person or persons may be notified by certified mail, mailed to the property address, by the Code Enforcement Officer or his designated agent, that such person shall have a period of up to 15 days from receipt of such notice to complete removal or coverage of such graffiti.
If such owner, tenant and/or person in control fails to comply with the terms of such notice within the time set forth therein, then the Village of Menands Code Enforcement Officer may order employees of any Village department or a contractor with an agreement approved by the Village Board to engage in maintenance, repair and other services needed to effectuate the elimination or coverage of such graffiti on such property. All costs of such work shall be billed to the owner of the property and, if unpaid after 90 days, shall be re-levied for inclusion as taxes upon such parcel of property as was benefitted thereby.
It shall be the duty of any peace officer, police officer of the Village of Menands or any duly authorized agent of the Village of Menands who is authorized to issue an appearance ticket or otherwise designated by the Village Board of the Village of Menands to enforce the provisions of this chapter against any person found to be violating the same.
Any violation of any section of this chapter shall be punishable by imprisonment of up to 15 days and/or a fine of not less than $250 nor more than $1,000.