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3032 Graffiti Nuisance Abatement ORDINANCE NO. 3032 AN ORDINANCE ADDING A NEW CHAPTER 8.16 TO THE MOSES LAKE MUNICIPAL CODE TITLED “GRAFFITI NUISANCE” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 8.16 titled “Graffiti Nuisance” is added to the Moses Lake Municipal Code as follows: CHAPTER 8.16 GRAFFITI NUISANCE 8.16.010 Graffiti deemed nuisance. 8.16.020 Definitions. 8.16.030 Continued presence of graffiti an infraction. 8.16.040 Graffiti - Notice of removal. 8.16.050 Appeal. 8.16.060 Removal by city. 8.16.070 City cost recoverable - Debt - Lien. 8.16.080 Sale or gift of Graffiti Implements. 8.16.090 Rewards for graffiti information. 8.16.100 Possession of graffiti implements prohibited. 8.16.110 City abatement program. 8.16.120 Severability. 8.16.010 Graffiti deemed nuisance. City Council finds that graffiti on public and private buildings, structures, and personal property creates a condition of blight within the City that can result in the deterioration of property values, business opportunities, and enjoyment of life for persons using that property, surrounding property, and the community. The presence of graffiti is inconsistent with the City’s goals of maintaining property, preventing crime, and preserving aesthetic standards. The continued presence of graffiti is a visual symbol of disorder that demoralizes and erodes feelings of safety in our neighborhoods. It contributes to neighborhood decline by inviting crime and leading to a climate of intimidation; and reduces commerce, tax revenues, and community pride. While it is appropriate to request that courts require offenders convicted of graffiti crimes to restore the property they defaced, obtaining convictions is difficult because graffiti offenses can be committed quickly and secretively without any witnesses. Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 1 of 6 Therefore, prompt removal of graffiti from public and private property is in the public interest. The purpose of graffiti enforcement under this chapter is to promote the health, safety, and welfare of the general public. The continued presence of graffiti is a blight on the community. While voluntary graffiti removal should be encouraged, where graffiti has not been promptly removed, graffiti should be removed in accordance with the provisions of this chapter. It is not an offense under this section for a person to engage in expressive conduct on the public right of way using non-permanent, non-toxic means, such as chalk or water-soluble paints, in a manner which does not obstruct or interfere with the public right of way. 8.16.020 Definitions. For the purposes of this chapter, the following words shall have the following meanings: (1) "Abate" means the removal, painting over, or other obscuring of graffiti from view as directed by the notice provided for in section titled: “Notice of Removal”. (2) “Graffiti” means any unauthorized inscription, word, figure, painting, design, label, marking, symbol, or other defacement that is marked, etched, scratched, engraved, drawn, painted, sprayed, or otherwise affixed on any surface of public or private property, either natural or manmade, and which is visible from premises open to the public; to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, graffiti is deemed a public nuisance. The owner or occupant cannot authorize a public nuisance. (3) "Graffiti nuisance property" means property upon which graffiti exists and where, after notice as provided by this chapter, the graffiti has not been abated by the deadline set in a notice as established by this chapter. (4) “Graffiti implement” means any aerosol paint container, felt tip marker, graffiti stick or paint stick, gum label, brush, roller, or etching tool or any other device or substance capable of scarring or marking any natural or manmade surface, including but not limited to glass, metal, concrete, or wood; and any piece, design, or scrapbook or drawings illustrating graffiti marks or signs. (5) "Owner" means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee. (6) "Responsible party" means an owner, and an entity or person acting as an agent for an owner, or an entity or a person who has dominion and control over a property. There may be more than one responsible party for a particular property. 8.16.030 Continued presence of graffiti an infraction. It shall be a civil infraction for a responsible party to allow a graffiti nuisance property to exist. Each day a graffiti nuisance property shall exist shall be a separate infraction. A civil infraction Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 2 of 6 under this Chapter shall be punishable by a penalty of $25.00 for each violation. 8.16.040 Graffiti - Notice of removal. (1) Whenever graffiti exists and is visible to any person of normal eyesight utilizing any public road, parkway, alley, sidewalk, or other facility open to the public, the responsible person shall abate such graffiti nuisance within 72 hours of the placement of such graffiti. (2) Whenever the responsible party fails to abate and remove graffiti as set forth in subsection (1) of this section, and whenever a Moses Lake Code Enforcement Officer determines that graffiti exists, a notice shall be issued to the responsible person to abate the nuisance by a stated deadline, which shall be no more than 72 hours after the date of the notice unless weather or seasonal conditions require a longer deadline. (3) Notice as required by this section shall be accomplished by providing the notice to the responsible party in any one of the following ways: (a) By personal service on the responsible party. (b) By registered or certified mail, postage prepaid, properly addressed and mailed to the last known address of the responsible party and to the address of the party, if different. (4) The form of the notice shall be established by the Community Development Director. The notice shall include a list of community resources and references where the responsible party may seek assistance in the eradication of graffiti. 8.16.050 Appeal. A. Anyone who has been issued a "Notice of Graffiti” or “Graffiti Nuisance Property and Removal", pursuant to section 8.16.040, may appeal the notice to the Hearing Examiner as provided in Chapter 1.20. The fee and written notice of appeal shall be on a form provided by the city clerk. B. An appeal shall be commenced by filing a notice of appeal with the city clerk within 10 business days after the service of the "Notice of Graffiti” or “Graffiti Nuisance Property and Removal" on the party to whom the notice is directed. If no appeal is filed within said 10 days, the "Notice of Graffiti” or “Graffiti Nuisance Property and Removal" shall become final and conclusive, and not subject to appeal or review in any forum. In any appeal, the city shall have the burden to prove by a preponderance of the evidence that the property contains graffiti, the named party is a responsible party, the deadline for abatement is reasonable and should not be adjusted for weather or seasonal conditions, and the manner of abatement is reasonable. If the hearing examiner finds that the property contains graffiti and that the named party is a responsible party, but that either the manner of abatement is not reasonable, or the deadline should be extended for seasonal or weather conditions, then the hearing examiner shall modify the manner of abatement to make the same reasonable or extend the deadline a reasonable period to account for seasonal or weather conditions, as the case may be. Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 3 of 6 The hearing examiner shall issue a written decision containing the following information: (1) findings of fact (which shall include the common address and legal description for the property) and conclusions of law; (2) the manner of any required abatement action and the deadline by which abatement must be completed; (3) a description of the civil penalty for an infraction which may accrue if the responsible party fails to abate the graffiti by the deadline established in the decision and order; (4) a statement that the decision of the hearing examiner becomes final 21 calendar days after the date of the decision unless the decision of the hearing examiner is appealed to the Grant County Superior Court; and (5) a statement that if the graffiti is not abated by the deadline established in the decision and order that the city or its contractor may abate the graffiti and the cost of abatement will be a personal obligation of the responsible party and a lien against the graffiti nuisance property. (1) The hearing examiner shall mail his/her decision to the named party by regular and certified mail to the address listed in the appeal notice, and a copy of the decision also shall be posted on the property in a conspicuous location. (2) Any review of the decision of the hearing examiner must be by land use petition filed within 21 calendar days of issuance of the decision and order in the Grant County Superior Court in accordance with the Land Use Petition Act. 8.16.060 Removal by city. When the deadline established under this chapter has passed, and the property is deemed graffiti nuisance property, then the city may abate the graffiti nuisance property. Either city resources or contractors may be used in abating the graffiti nuisance property. Using any lawful means, the city and its representatives may enter upon the graffiti nuisance property and abate the graffiti. The city may seek such judicial process or writ as is deemed necessary to carry out the abatement. 8.16.070 City cost recoverable - Debt - Lien. If the city is required to remove graffiti and abate graffiti nuisance property, the city shall bill the cost of removal and abatement to the responsible party. The costs billed shall be due and payable to the city within 10 calendar days of billing. The costs billed shall include the value of the use of city staff and resources (at the current established hourly rate) and all payments made to third parties. If the costs billed are not paid when due, they shall be a personal debt of the responsible party and automatically the costs shall be a lien upon the graffiti nuisance property. The city may take all lawful action to collect the debt of the responsible party or to foreclose its lien upon the graffiti nuisance property. 8.16.080 Sale or gift of Graffiti Implements. On a voluntary basis, the Moses Lake City Council requests and encourages all businesses within the city and all citizens to refrain from selling, offering to sell, causing to be sold, giving, or Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 4 of 6 lending any graffiti implements as described above to any minor under the age of 18 years. Businesses are encouraged to require picture identification for all persons who may be under the age of 18 years. All businesses who offer for sale graffiti implements are requested to voluntarily restrict access to those items from the public by either placing them behind a locked counter, cabinet or other storage facility so that access to them cannot be gained without their being unlocked by an authorized employee or other authorized representative of such business or by placing them in a location where they can be in constant, uninterrupted view of an authorized employee or other authorized representative of such business. Within one year of the effective date of the ordinance codified in this chapter, the city council shall review the effectiveness of this section and shall consider whether such provisions shall be made mandatory rather than voluntary. 8.16.090 Rewards for graffiti information. The city may offer a reward not to exceed $300.00 for information leading to the identification and apprehension of any person who willfully damages or destroys any public or private property using graffiti. The actual amount awarded (not to exceed $300.00) shall be determined at the discretion of the chief of police. In the event of damage to public property, the offender or the parents or legal guardian of any unemancipated minor must reimburse the city for any reward paid. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. Claims for rewards under this section shall be filed with the chief of police or his designee in the manner specified by the Moses Lake Police Department. No claim for a reward shall be allowed unless the city investigates and verifies the accuracy of the claim and determines that the requirements of this section have been satisfied. 8.16.100 Possession of graffiti implements prohibited. It shall be a civil infraction for any person to have in his or her possession any graffiti implement, in a manner or under circumstances demonstrating his or her intent to paint, spray, chalk, etch, or otherwise apply graffiti. A civil infraction under this section shall be subject to a C-15 penalty of for each violation. 8.16.110 City abatement program When adequate funds are available, the city may provide one (1) gallon of paint to paint over graffiti. In some cases, the city may offer to provide paint remover or stain rather than paint. People selecting a type of paint other than that offered will need to purchase their own paint. No reimbursements, refunds or credits will be made to responsible parties through this program. Program limited to one (1) gallon of paint per parcel per six (6) month period. For people with limited means, the City of Moses Lake may provide graffiti removal kits upon request. These kits will include a paint tray, paint brush/roller, and a plastic drop cloth. 8.16.120 Severability. The provisions of this chapter are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of this chapter, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 5 of 6 Section 2. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August 22, 2023. ______________________________________ Don Myers, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Aye Aye Aye Aye Aye Aye Absent Date Published: August 28, 2023 Date Effective: September 2, 2023 Document Ref: BHC3T-WVCEC-MXLU6-BA59M Page 6 of 6 Signature Certificate Reference number: BHC3T-WVCEC-MXLU6-BA59M Document completed by all parties on: 28 Aug 2023 20:43:51 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:23 Aug 2023 20:30:14 UTC Viewed:23 Aug 2023 22:44:00 UTC Signed:23 Aug 2023 22:44:23 UTC ✔Email verified 23 Aug 2023 22:44:00 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Shared via link Sent:23 Aug 2023 20:30:14 UTC Viewed:23 Aug 2023 20:31:13 UTC Signed:25 Aug 2023 19:06:49 UTC IP address: 162.246.30.165 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Sent:23 Aug 2023 20:30:14 UTC Viewed:23 Aug 2023 20:31:53 UTC Signed:28 Aug 2023 20:43:51 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.