[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.
A.
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.
B.
Failure or refusal to remove graffiti.
(1)
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.
(2)
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.
