[HISTORY: Adopted by the City Council of the City of Gardner 10-2-2017 by Ord. No. 1605. Amendments noted where applicable.]
It is hereby found and declared that graffiti creates a visual
blight and property damage. When graffiti is allowed to remain on
property and is not promptly removed, it invites additional graffiti
and criminal activity and constitutes a nuisance. Any property within
the City which becomes a graffiti nuisance property is in violation
of this chapter and subject to its remedies. Any owner of property
who permits said property to be a graffiti nuisance property shall
be in violation of this chapter and subject to its remedies.
As used in this chapter, the following terms shall have the
meanings indicated:
Any inscription, word, figure, design, painting, writing,
drawing or carving that is marked, etched, scratched, drawn, painted,
or otherwise applied to property without the prior authorization of
the owner of the property, regardless of the graffiti content, or
nature of the material used in the commission of the act, or the material
of the property.
Property to which graffiti has been applied, if the graffiti
is visible from any public right-of-way, from any other public or
private property or from any premises open to the public, and if the
graffiti has not been abated within a period of 30 days. This shall
not include any property owned by the City of Gardner, the Commonwealth
of Massachusetts, or any department or agency of the United States
government.
The deed holder, occupant, tenant, mortgagee in possession,
or manager of any commercial, industrial, mixed-use, or residential
building, estate, or land on which the graffiti is placed.
Permission by the City to suffer, allow, consent to, acquiesce
by failure to prevent, or expressly assent or agree to the doing of
an act.
Any real or personal property and that which is affixed,
incident or appurtenant to real property, including but not limited
to any premises, house, building, fence, structure or any separate
part thereof, whether permanent or not.
That which is built or constructed; an edifice or building
of any kind, including units thereof or mobile homes; any of which
is an addition to or a fixture on real property.
The following acts and omissions shall constitute violations
of this chapter punishable by the fines as herein provided:
A.
Any person caught in the act of placing graffiti on a property or
found guilty of defacing a property with graffiti shall be assessed
a fine according to the following schedule:
B.
Any owner who fails to remove graffiti from his/her property after 30 days of receiving notification from the Chief of Police, or his/her designee, shall be assessed a fee of $20 per day up to $400 until the graffiti is removed from the property pursuant to the schedule set forth in Subsection A.
C.
Should any fee assessed pursuant to this chapter remain unpaid in
excess of 30 days from the date the fee is billed, a late fee in the
amount of $25 shall be assessed and shall be payable by the owner
of the premises in addition to the original fee.
A.
When the Chief of Police (or designee) believes in good faith that
property within the City is a potential public nuisance property,
the Chief of Police (or designee) shall notify the owner in writing
that the property is potential graffiti nuisance property. The notice
shall contain the following information:
(1)
The street address or description sufficient for identification of
the property.
(2)
That the Chief of Police (or designee) has found the property to
be potential graffiti nuisance property with a concise description
of the conditions leading to his/her findings.
(3)
A direction to abate the graffiti, as well as notification that the
property owner has 30 days in which to abate the graffiti, unless
otherwise stated by the Chief of Police (or designee).
(4)
That no building listed as a graffiti nuisance property is eligible
to receive any permit from the City until the graffiti is abated.
(5)
That the above remedies are in addition to those otherwise provided
by law.
(a)
Service of the notice is completed upon mailing the notice first
class, postage prepaid, addressed to the owner or his designee, as
defined by the property owner card in the City Assessor's office.
(b)
A copy of the notice shall be served on occupants of the property,
if different from the owner. Service shall be completed upon mailing
the notice first class, postage prepaid, addressed to "occupant" of
each unit of the property believed to be a potential graffiti nuisance
property.
(c)
The failure of any person or owner to receive actual notice
of the determination by the Chief of Police (or designee) shall not
invalidate or otherwise affect the proceedings under this chapter.
A.
Within 30 calendar days of the mailing of the notice, the owner shall
abate the nuisance.
B.
Upon good cause shown, the Chief of Police (or designee) may grant
an extension of up to 30 additional business days. Good cause shall
include delays due to weather, insurance claim processing, and availability
of service providers hired to perform the abatement, or other delays
which are outside of the control of the owner.
A.
If the owner or agent fails to remove such nuisance within the period
provided for in this chapter, the City may enter the property and
remove or cause the nuisance to be removed. The reasonable costs and
expense of abating a nuisance in accordance with this section shall
be assessed to the owner, who shall be liable to the City for expenses
incurred by the City. The Director of Public Works or his designee
shall provide the owner with a written statement of all costs associated
with abating the nuisance, and the owner shall reimburse the City
within 60 days of notice of expenses incurred for such abatement.
If the owner fails to pay or reimburse the City, the sum so expended
may be recovered by the City as provided under prevailing general
laws relating to liens for such debt and collection of the claims
for such debt, or in an action of contract by the City against the
owner.
