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HomeMy WebLinkAboutORD1081ORDINANCE NO.1081 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY ADDING A NEW ARTICLE 10-6 GRAFFITI;REPEALING ANY CONFLICTING PROVISIONS PROVIDING FOR SEVERABILITY:AND PROVIDING FOR PENALTIES. WHEREAS,pursuant to Arizona Revised Statutes Annotated ("A.R.S.")§9-240 and 9-276,Arizona municipalities have been granted the authority to control and protect their streets and sidewalks,and to protect them from injury;and WHEREAS,pursuant to A.R.S.§9-276,Arizona municipalities have the authority to define nuisances,and provide for abatement thereof,and to impose fines upon persons creating or continuing nuisances;and WHEREAS,there is a widespread use of spray paint in the permanent defacement of public and private property within the city,which defacement has become a significant problem;and WHEREAS,the defacement or marring of public and private property has contributed to the flight and degradation of neighborhoods and public places: and WHEREAS,graffiti is typically applied to said property by means of pressurized spray cans containing paint,which are widely available to persons of all ages:and WHEREAS,the easy application and ready accessibility to spray paint facilitates its use and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct;and WHEREAS,the cost of removing such graffiti has become an intolerable financial burden to the owners of private property and to public property within the city:and WHEREAS.such graffiti,unless promptly removed,is an eyesore to the community and seriously erodes all efforts to improve the quality of life within the city;and ORDINANCE NO.1081 Page 1 of 7 WHEREAS.a substantial portion of the defacement of public and private property has been caused by minors using spay paint containers obtained both illegally and legally;and WHEREAS,the Mayor and City Council finds and determines that graffiti is obnoxious and is a public nuisance,and unless removed from city -owned and non city -owned property within the city,it tends to remain;and WHEREAS,the Mayor and City Council find it necessary to provide additional enforcement tools,in addition to the existing codes and laws,to protect public and private property from acts of vandalism and defacement,including but not limited to the application of graffiti on walls,natural objects and structures. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 10 Offenses,be amended by adding a new Article 10-6 Graffiti,to read as follows: Article 10-6 Graffiti 10-6-1 Definitions 10-6-2 Purpose and Intent 10-6-3 Graffiti Prohibited 10-6-4 Possession of Graffiti Implements Prohibited 10-6-5 Furnishing Graffiti Implements or Paraphernalia 10-6-6 Notice to Remove 10-6-7 Service of Notice 10-6-8 Appeal to City Manager 10-6-9 Removal by City of Apache Junction 10-6-10 Lien for Removal Sec.10-6-1 Definitions In this article,unless the context otherwise requires: A."AEROSOL PAINTS CONTAINER"means any aerosol container that is adapted or made for the purpose of spraying paint. ORDINANCE NO.1081 Page 2 of 7 B."BROAD TIP MARKER"means any marker or similar implement that has a writing surface that is one-half (14)of an inch or greater and containing anything other then a solution that can be removed with water after the solution dries. C."GRAFFITI"means any drawing or inscribing a message,slogan,sign or symbol or mark of any type that is made on any public or private building,structure,or surface,and that is made without the permission of the owner. D."GRAFFITI IMPLEMENT"means an aerosol paint container,broad tip marker, paint stick,graffiti stick or bleeder. E."PAINT STICK.GRAFFITI STICK OR BLEEDER"means any implement containing paint,wax,epoxy or other similar substance. F."RESPONSIBLE PARTY"means an owner,occupant,lessor,lessee,manager, licensee or other person having the right to control such property. Sec.10-6-2 Purpose and Intent It is the purpose and intent of this ordinance to help prevent the spread of graffiti and to establish a program for its removal from public and private property.The spread of graffiti on public and private buildings,walls, signs and other structures or places or other surfaces causes blight within the City,resulting in a genuine threat to life,economic losses to businesses in terms of physical property,profits and goodwill,and the general deterioration of property and business values,for adjacent and surrounding properties.Not only is graffiti a property crime,but i t is also a social crime on the quality of life and freedom from intimidation that citizens desire within their neighborhoods. Sec.10-6-3 Graffiti Prohibited A.I t is unlawful for any person to paint,spray,chalk,etch or otherwise apply graffiti on public or privately owned sidewalks,walls,buildings, fences,signs,and other structures or surfaces. B.I t is unlawful for any person owning or otherwise in control of any real property within the city to permit or allow any graffiti to be placed upon or to remain on any permanent structure located on property when the graffiti is visible from the street or from the public or private property. ORDINANCE NO.1081 Page 3 of 7 Sec.10-6-4 Possession of Graffiti Implements Prohibited A.It is unlawful for any person to knowingly possess any graffiti implement with the intent to use the implement for the purpose of committing criminal damage to any of the following places or things, including but not limited to:public or privately owned buildings. signs,walls,permanent structures,places or other surfaces within the city. Sec.10-6-5 Furnishing Graffiti Implements or Paraphernalia A.It is unlawful for any person,other than a parent or legal guardian,to sell,exchange,give,loan,or otherwise furnish,or cause or permit to be exchanged,given,lent or otherwise furnished any graffiti implement to any person under the age of eighteen (18). B.Evidence that a person.his or her employee,or agent demanded and was shown acceptable evidence of majority and acted upon such evidence in a transaction or sale shall be a defense to any prosecution under this section.Acceptable evidence of majority shall include,but is not limited to,drivers license,state -issued identification or military identification. C.This section does not apply to the transfer of graffiti implements from parents to child,guardian to ward,employer to employee,teacher to student,or any other similar relationship when such transfer is for a lawful purpose. Section 10-6-6 Notice to Remove A.If a person owning any property fails to remove graffiti located on property owned by such person,notice shall be given by the City to remove the graffiti within fifteen (15)calendar days from the date the notice was served -pursuant to section 10-6-7,as set forth below. Such notice shall contain:1)an estimate of the cost of removal by the City;and 2)a statement explaining:a)that unless the person owning such property complies within fifteen (15)calendar days from the date such written notice is served,that the City will,at the expense of the person owning said property,remove the graffiti at a cost not to exceed the estimate given in the notice;and that b)such person may appeal in writing to the City Manager or designee ("City Manager")within fifteen (15)calendar days from the date the notice is served. ORDINANCE NO.1081 Page 4 of 7 Sec.10-6-7 Service of Notice A.Notice shall be personally served on the owner or person controlling such property by a police officer of the city in the manner provided in Rule 4(d)of the Arizona Rules of Civil Procedure,or sent to the owner of such property at the last known address by certified or registered first class U.S.mail or at the address to which the tax bill for the property was last mailed.If the owner does not reside on such property,a duplicate notice shall also be sent by certified or registered first class U.S.mail at the owner's last known address. Sec.10-6-8 Appeal to City Manager A.The owner may within fifteen (15)calendar days from the date the notice is served appeal the notice to remove the graffiti to the City Manager, by filing a written notice of appeal with the City Clerk.The City Manager may extend the deadline,or may reduce the estimated cost of abatement.The decision of the City Manager shall be final.During the appellate period,enforcement of these provisions shall be stayed. Sec.10-6-9 Removal by City of Apache Junction A.When any such person to whom notice,as provided in this article,has been given,and on or before the date of compliance on the notice,or within such further time as may have been granted by the City Manager on appeal,fails to remove from such property any or all graffiti,the City Manager is authorized and directed to cause the same to be removed at the expense of the owner.Upon completion of the work,the City Manager shall prepare a verified statement,accounting for:1)the actual cost of such removal or abatement;and 2)the date the work was completed and the street address and legal description of the property on which said work was completed.Such notice shall include five percent for additional inspection and other incidental costs in connection therewith.The City Manager shall serve a duplicate copy of such verified statement upon the person owning such property in the manner prescribed in Section 10-6-7.The owner of such property shall have thirty days from the date of service to appeal in writing to the City Council from the amount of the assessment as contained in the verified statement.If an appeal is not filed with the City Clerk within a thirty (30)calendar day period,then the amount of the assessment as determined by the City Manager shall become final.If an appeal is taken,the City Council shall,at its next regular meeting,or as soon as practicable,hear and determine the assessment appeal and may affirm the amount of the assessment,modify the amount thereof,or determine ORDINANCE NO.1081 Page 5 of 7 that no assessment at all shall be made.The decision of the City Council shall be final. Sec.10-6-10 Lien for Removal If no appeal is taken from the amount of the assessment,or if an appeal is taken and the City Council has affirmed or modified the amount of the assessment,the original assessment or the assessment as so modified shall be recorded in the Office of the County Recorder of Pinal or Maricopa County,Arizona,depending on which county the affected property is located,and from the date of its recording,shall be a lien on said lot or tract of land until paid.Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record.A sale of the property to satisfy a lien obtained under the provisions of this article shall be made upon judgment of foreclosure or order of sale.The City shall have the right to bring an action to enforce the lien in the Superior Court of Pinal or Maricopa County at any time after the recording of the assessment,but failure to enforce the lien by such action shall not affect its validity.The recorded assessment shall be prima facie evidence of the truth of all matters recited therein,and of the regularity of all proceedings prior to the recording thereof.A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment for such purposes,and any number of liens on the same lot or tract of land may be enforced in the same action. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section,subsection,sentence,phrase,clause or portion of this ordinance,or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO.1081 Page 6 of 7 SECTION IV PROVIDING FOR PENALTIES Any violation under this Article is punishable pursuant to Apache Junction City Code,Chapter 1.GENERAL Article 1-8(A)PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 16TH DAY OF MAY .2000. SIGNED AND ATTESTED TO THIS 31ST DAY OF MAY ,2000. DOUGLAS C9tEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J.STERN City Attorney ORDINANCE NO.1081 Page 7 of 7