[HISTORY: Adopted by the Council of the City of Mount Vernon 12-23-1997, approved 12-24-1997; amended in
its entirety 7-13-2011, approved 7-14-2011. Amendments noted where applicable.]
The City Council of the City of the City of Mount Vernon hereby
finds and declares that graffiti creates a nuisance for our residents
and merchants. The unabated proliferation of graffiti is a physical
blight upon the landscape of the City and costs taxpayers, merchants
and homeowners substantial moneys to remove and repair. The City Council
also finds that when unchecked, graffiti presents an image of a deteriorating
community that no longer cares about itself.
Whenever the following terms are used in this chapter, they
shall have the following meaning:
The Commissioner of Public Works or a designee or a duly
authorized representative.
The unauthorized writing, drawing, spraying of paint or marking
of paint, ink, chalk, dye or other similar substances on any fence,
wall, building, public or private, vehicles, or any other property,
real or personal, owned, operated or maintained by any public benefit
corporation the City of Mount Vernon or by any person, firm or corporation,
or any agency or instrumentality thereof.
An abatement procedure which identifies graffiti, issues
notice to the landowner or person in possession or tenant to abate
the graffiti, and provides for a remedy in the absence of a timely
compliance.
Any person with whom the City shall have duly contracted
to remove graffiti.
Without the permission of the landowner or person in possession
or tenant in possession or control of the subject property.
A.Â
It shall be unlawful for any person to place graffiti, as defined
herein, upon any fence, wall, building, public or private, vehicles,
or any other property, real or personal, owned, operated or maintained
by any public benefit corporation, the City of Mount Vernon or by
any person, firm or corporation, or any agency or instrumentality
thereof, in the City of Mount Vernon.
B.Â
It shall also be unlawful for any person owning or otherwise being
in control of the subject property within the City to maintain or
permit or allow any graffiti to be placed upon or remain upon any
fence, wall, building, public or private, vehicles or any other property,
real or personal, when the graffiti is visible from the street or
other public or private or commercial property.
C.Â
Whenever the abatement official determines that graffiti on any fence,
wall, building, public or private, vehicles or any other property,
real or personal, is visible from the street or other public or private
or commercial property, the abatement official may cause a prosecution
to be brought against the person actually placing the graffiti on
the building, fence, wall or other structure.
A.Â
The abatement official having determined the existence of graffiti
on any fence, wall, building, public or private, vehicles or any other
property, real or personal, in violation of this chapter shall cause
a written abatement notice to be served upon the landowner or person
in possession or control of the premises or tenant of the affected
premises in the following manner:
(1)Â
By personal service on the landowner, person in possession or control
of the premises or tenant of the subject property, in which case the
thirty-day curative period shall begin to run from the date of said
service; or
(2)Â
By posting the notice on the property and sending said notice by
registered or certified mail addressed to the landowner, person in
possession or control of the premises or tenant of the subject property
at the last known address of said person, in which case the thirty-day
curative period shall begin to run from the date of that said notice
is posted or said receipt is dated received or, if rejected, the last
date of attempted delivery, whichever is later.
B.Â
The abatement official may issue an abatement notice against the
landowner, person in possession and control or tenant of the subject
property in accordance with the graffiti abatement procedure set forth
hereinafter.
A.Â
Any person who violates § 144-3A of this chapter shall be punished by a fine of not more than $500 for the first offense, and of not more than $1,000 for a second or subsequent offense or shall be imprisoned for not more than 15 days in jail, or by both such fine and imprisonment.
B.Â
In addition to any other penalty authorized by this section, any
person convicted of violating § 114-3A shall be required
to completely remove said graffiti from the subject property so as
to restore the site to the condition existing prior to commission
of the violation.
C.Â
Any occupant, owner, lessee, sublessee, agent and/or landlord of any commercial or residential property located within the City of Mount Vernon which has been found guilty of having any form of graffiti on its property after the thirty-day notice as designated in § 144-4A shall be punished by a fine of $250 for each week of violation. Each week the graffiti is permitted to remain on the premises after the curative period designated in § 144-6A shall constitute a separate and distinct offense and shall be punishable by separate and distinct cumulative amounts of fines not to exceed $250 for each offense.
A.Â
Upon failure of the landowner or person in possession or control
or tenant of the subject property to comply with the notice of abatement
within the 30 days given for compliance, the abatement official shall
so advise the Commissioner of Public Works of said noncompliance.
The Commissioner of Public Works or designee or agents are then authorized
to issue a summons and to enter upon the subject property and cause
such graffiti to be removed by City personnel or by a private contractor.
B.Â
The cost of the removal of the graffiti and/or repainting shall be
at the cost and expense of the occupant, owner, lessee, sublessee,
agent and/or landlord of the property, reduced only by the amount
recovered, if any, by the City from the person(s) found guilty of
actually causing the graffiti to be made.
C.Â
The actual cost of the removal of the graffiti and/or repainting,
plus the cost of the inspection of said property and other costs incidental
to such removal, shall thereupon become a lien upon the real property
upon which the graffiti was found to be and shall be added to and
become a part of the taxes next to be assessed and levied on such
real property, and the same shall be collected and enforced in the
same manner as general City taxes.
D.Â
In all cases where the Commissioner of Public Works certifies expenses to the City Council pursuant to the foregoing provision of this section, he shall simultaneously transmit to the Comptroller a duplicate original of such certification and the Comptroller shall upon receipt thereof forthwith docket the amount of such expense in the tax rolls against the real property affected with a notation "Assessment pending pursuant to § 144-6 of the City Code."
If the landowner, person in possession and control or the tenant
of the subject premises within 15 days from receipt of an abatement
notice notifies the abatement official or designee that it is unable
to abate the graffiti because of economic hardship and establishes
the same to the abatement official or designee, the City may enter
into a payment installment agreement for the cost of inscribed graffiti
removal and upon receipt of 50% of the cost thereof may remove said
graffiti.
The City shall follow the procedure set forth in Chapter 80 of the Code of the City of Mount Vernon pertaining to the abatement of public nuisances in general in order to obtain reimbursement for expenses incurred as a result of the removal of graffiti under this chapter.
The City Council hereby creates the City of Mount Vernon Anti-Graffiti
Trust Fund. Penalties assessed against violators of this chapter shall
be placed in the fund, along with any monetary donations received
from persons wishing to contribute to the fund. The Council shall
direct expenditures of moneys in the fund. Such expenditures shall
be limited to the payment of the cost of graffiti removal, the payment
of rewards for information leading to the conviction of violation
of the chapter, the costs of administering the chapter, and such other
public purpose as may be approved by the City Council.
The provisions of this chapter are severable and if any part
or subsection is determined to be invalid the remaining provisions
shall remain in full force and effect.
