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Ord 2411 - Graffiti Violations COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 AN ORDINANCE PROHIBITING GRAFFITI AND THE POSSESSION OF GRAFFITI IMPLEMENTS; CREATING THE OFFENSE OF FAILURE TO SUPERVISE A MINOR COMMITTING GRAFFITI VIOLATIONS; PROVIDING FOR THE ABATEMENT OF GRAFFITI NUISANCE PROPERTY; AND REPEALING ORDINANCE 2173 THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Definitions: A. "Graffiti" means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property, as defined by ORS 164.381 (1). B. "Graffiti implement" means any paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces as defined by ORS 164.381 (2). C. "Graffiti nuisance property" means property to which graffiti has been applied, if the graffiti is visible from any public right-of-way, any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time required by this ordinance. D. "Owner" means the legal owner of property or a person in charge of property. E. "Person in charge of property" means an agent, occupant, lessee, contract purchaser or other person having possession or control of property or supervision of a construction project. F. "Property" means 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. Section 2. Prohibited Graffiti. It shall be unlawful for any person to apply graffiti. Section 3. Unlawful Possession of Graffiti ImDlement. It shall be unlawful for any person to possess a graffiti implement with the intent to apply graffiti. Page 1 - COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 Section 4. Failure to Suoervise a Minor Committina Graffiti Violations. It shall be unlawful for a parent, guardian, or other person having the legal custody of a minor person under the age of 18 years to allow or permit the minor to be in violation of Section 2 or Section 3 of this ordinance. Section 5. Graffiti Nuisance Prooertv. A. It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not promptly removed, it invites additional graffiti, gang activity, criminal activity, and constitutes a nuisance. B. Any property within the city which becomes graffiti nuisance property is in violation of this ordinance. C. Any owner of property who permits said property to be a graffiti nuisance property is in violation of this ordinance. Section 6. Notice Procedure. A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall, notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information: ( 1 ) the property. The street address or description sufficient for identification of (2) That the Chief of Police has found the property to be a potential graffiti nuisance property with a concise description of the conditions leading to this finding. (3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within ten city business days from service of the notice. (4) That if the graffiti is not abated and good cause for failure to abate is not shown, the City Council may order abatement, with appropriate conditions. The City Council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction. (5) That permitting graffiti nuisance property is a Class 2 civil infraction punishable by a civil forfeiture not to exceed $750, pursuant to the Civil Infraction Ordinance. Page 2 - COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 '''~ .. (6) That the above remedies are in addition to those otherwise provided by law. B. Service of the notice is completed by personal service or upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner's last known address. C. A copy of the notice shall be served on occupants of the property, if different from the owner. D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this ordinance. Section 7. Abatement Procedures. A. Within ten business days of the personal service or mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time period. B. Upon good cause shown, the Chief of Police may grant an extension not to exceed ten additional city business days. C. If the owner does not comply with the provisions of this ordinance, the Chief of Police may refer the matter to the City Council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if the occupants are different from the owner. D. At the time set for a hearing, the owner and occupants may appear and be heard by the City Council. E. The City Council shall determine whether the property is graffiti nuisance property and whether the owner has complied with this ordinance. F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property. G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within ten city business days of the personal service or mailing of the notice. Page 3 - COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 '~, """ Section 8. REMEDIES OF THE CITY. A. In the event that the City Council determines that the property is graffiti nuisance property, the City Council may order that the nuisance be abated. This order may include conditions under which abatement is to occur. B. The City Council may also employ any other legal remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing the filing of a civil complaint in a court of competent jurisdiction. C. The remedies provided in this section are in addition to those otherwise provided by law. Section 9. Civil Penalties. Violations of this ordinance shall be processed under the Civil Infraction Ordinance with penalties consistent with Oregon state law. A. Consistent with ORS 164.383 and ORS 153.018, a violation of Section 2 of this ordinance ("Prohibited Graffiti") constitutes a civil infraction punishable by a civil forfeiture not to exceed $360. B. Consistent with ORS 164.386 and ORS 153.018, a violation of Section 3 of this ordinance ("Unlawful Possession of Graffiti Implement") constitutes a civil infraction punishable by a civil forfeiture not to exceed $90. C. A violation of Section 4 of this ordinance ("Failure to Supervise a Minor Committing Graffiti Violations") constitutes a Class 2 civil infraction punishable by a civil forfeiture not to exceed $500. D. A violation of Section 5 of this ordinance ("Graffiti Nuisance Property") constitutes a Class 2 civil infraction punishable by a civil forfeiture not to exceed $500. Section 10. Alternate Disoosition by Court. At the discretion of the Woodburn Municipal Court, all persons that are fond to have violated Sections 2, 3, or 4 of this ordinance may have their cases resolved by the following alternate dispositions: A. A court-approved diversion program. B. Dismissal of the case, if a letter is received from the Marion County Juvenile Department indicating that the offender has complied with all of its requirements related to the case and the court determines that it is in the interest of justice to dismiss the case. Page 4 - COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 ... Section 11. Abatement by the City. If the owner fails to abate the nuisance as ordered by the City Council, the city may cause the nuisance to be abated as provided in the City Nuisance Ordinance, Ordinance 2338. Section 12. Reoeal. Ordinance 2173 is hereby repealed. Approved as to form: 'VJ /),v'()/~ /' City Attorney / Passed by the Council Submitted to the Mayor Approved by the Mayor October 11, 2006 October 11. 2006 Filed in the Office of the Recorder ATTEST: MCk:a1::~ City of Woodburn, Oregon October 11. 2006 Page 5 - COUNCIL BILL NO. 2643 ORDINANCE NO. 2411 ...