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HomeMy WebLinkAboutCity Council Ordinance 1997-19CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO 97-19 AN ORDINANCE AMENDING CHAPTER IX OF THE CITY ORDINANCES TO CONTROL GRAFFITI ON PUBLIC OR PRIVATE PROPERTY THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Chapter IX of the Plymouth City code is amended by adding Section 955 as follows: SECTION 955 - GRAFFITI CONTROL 955.01: Purpose 955.02: Definitions 955.03: Unlawful Conduct 955.04: Removal of Graffiti 955.05: Police Identification of Graffiti 955.06: Hearing 955.07: Notice to Owner 955.08: Costs to be Assessed 955.09: Graffiti Abatement Civil in Nature 955.10: Penalties 955.01. Purpose. (a) The Council finds that graffiti is an increasing problem in the City. The Council finds that quick removal of graffiti may assist in preventing encouragement of the defacement of property. (b) The Council further finds that graffiti creates a condition of blight which can result in the deterioration of property values and is inconsistent with the City's property maintenance goals and aesthetic standards. In addition, unless graffiti is removed, other properties soon become the targets of graffiti. (c) The Council hereby declares its intention to minimize and to quickly remove graffiti to limit its adverse impact on City youth and neighborhoods. Graffiti is hereby declared to be a public nuisance and a public health and safety hazard for purposes of Minnesota Statutes, Section 429.101, Subd. 1(c) and Section 429.021, Subd. 1(8). 955.02. Definitions. For purposes of this section, the terms defined in this section shall have the following meaning ascribed to them. "Graffiti" shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn, or otherwise placed on any surface of objects such as buildings, walls, fences, sidewalks, curbs, trees, rocks, or other permanent structures or objects on public or private property or the interior surfaces of those parts of buildings accessible to the general public and which have the effect of defacing the property. 955.03. Unlawful Conduct Regarding Creation of Graffiti. It shall be unlawful for any person to intentionally place graffiti on any surface or the interior surfaces of those parts of buildings accessible to the general public located on public or private property except with the permission of the person in lawful ownership or possession of such property and in accordance with the requirements of the City's sign ordinance. 955.04. Removal of Graffiti. (a) A property owner may ask the City to remove graffiti from the owner's property before being ordered to do so following the abatement procedure set forth in Subsections 955.05 through 955.08. If the City agrees to remove the graffiti, the City shall have the property owner or its designated agent sign a release of liability form and a consent form authorizing the City or its agents to enter onto the property. In the case of commercial property, the property owner shall be liable for all costs incurred in removing the graffiti. In the case of residential property, the ability of the property owner to pay the costs will be assessed. To remove the graffiti, the City may use City employees, authorize a private contractor, or decide to provide labor at no cost through use of its Plymouth Alternative Youth Service (PAYS) program or another volunteer assistance or diversionary program. The City will be responsible for costs incurred with cleanup on public property. If cleanup is provided by the City, the City may collect the costs as a special assessment pursuant to Minnesota Statutes, Section 429.101, Subd. 1(c) if the property owner fails to reimburse the City upon request. (b) If an owner does not remove graffiti and does. not ask the City to remove graffiti from the owner's property before being ordered to do so, the City may remove the graffiti by following the abatement procedure set forth in Subsections 955.05 through 955.08 herein. 955.05. City Police to Identify. (a) Based upon information received from the public or upon police observation, the police department shall investigate and identify graffiti. After the police department has verified the existence of graffiti, the department shall send a letter to the property owner by certified mail or personal delivery, with affidavit of service, informing the property owner about the graffiti and requesting the removal of the graffiti within a reasonable period of time which shall be less than thirty (30) days, based upon consideration of weather conditions and other relevant factors. The police department shall verify whether the graffiti has in fact been removed. (b) If the police department finds that the graffiti has not been removed within the time allotted, the department shall contact the City Clerk, who shall schedule a public hearing. The City Clerk shall notify the affected property owner of the hearing date, the preliminary findings that graffiti exists on the owner's property, and that the Council may, after the hearing, order the removal of the graffiti by the property owner or the City; and, if the City has to remove the graffiti, the costs will be assessed against the owner's property. 955.06. Hearing. (a) At a hearing before the Council, the Council shall receive evidence from the police department and from any other persons with knowledge as to the existence of graffiti. The property owner shall be entitled to be heard on all matters relating to graffiti and the process of removal. The existence of graffiti must be proven by a preponderance of the evidence. (b) If the Council finds that graffiti exists, the Council shall direct its removal in accordance with Subsections 955.07 and 955.08. 955.07. Notice to Owner. (a) In the event the Council finds that graffiti exists, the City Attorney shall mail a written order to the owner of the subject real property, addressed to the owner's last known address. The written order shall: (i) Contain a description of the real estate sufficient for identification. (ii) Inform the owner that the Council has found graffiti exists on the owner's property. (iii) Request that the owner remove or obliterate the graffiti within a reasonable time as determined by the Council. (iv) Inform the owner that a motion for summary enforcement of the order will be made to the District Court for Hennepin County unless corrective action is taken within the time allotted, or unless an answer is filed within twenty (20) days from the date of service of the order. An answer to the order must be served in the manner of an answer in a civil action and must specifically deny such facts in the order as are in dispute. (b) Service of the Order. The written order shall be served upon the owner of record or the owner's agent if an agent is in charge of the building or property, and upon the occupying tenant, if there is one, and upon all lienholders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon the owner by posting it at the main entrance to the building or upon the structure, and by four weeks published notice in the official newspaper of the City or any legal newspaper in the county. (c) Filing of Order. A copy of the order with proof of service shall be filled with the court administrator of the District Court for Hennepin County not less than five days prior to the filing of a motion for enforcement of the order. (d) Default. If no answer is served, the City may move the court for the enforcement of the order. If such motion is made, the court may, upon the presentation of such evidence as it may require, affirm or modify the order and enter judgment accordingly, fixing a time after which the City may proceed with the enforcement of the order and specifically authorizing the City to enter the property to remove or abate the graffiti. (e) Contested cases. If an answer is filed and served, further proceedings in the action shall be governed by the Rules of Civil Procedure for the District Courts. If the order is sustained following the trial, the court shall enter judgment and shall fix a time after which the graffiti must be removed in compliance with the original order as filed or modified by the court. If the order is not sustained, it shall be annulled and set aside. The court administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served. (f) Enforcement of judgment. If the owner of record fails to comply with the judgment by failing to remove the graffiti within the time prescribed, the City may enter the property and remove the graffiti as set forth in the judgment. 955.08. Costs to be Assessed. (a) In the event the City removes the graffiti, the costs of the removal may be a lien against the real estate on which the building or structure is located, or recovered by obtaining a judgment against the owner of the real estate on which the building or structure is located. A lien may be levied and collected as a special assessment in the manner provided by Minnesota Statutes, Sections 429.061 to 429.081, but the assessment is payable in a single installment. (b) The City shall keep an accurate account of the expenses incurred in carrying out the order and of all other expenses incurred in connection with its enforcement including filing fees, witness fees, expert witness fees, and traveling expenses incurred by the City from the time the order was originally made. The City shall report its action under the order with a statement of expenses incurred to the court for approval and allowance. The court shall, by its judgment, certify the deficiency in the amount so allowed to the municipal clerk for collection. 955.09. Graffiti Abatement Civil in Nature. Subjection 955.07 or 944.08 relating to the abatement of graffiti, shall not be treated as misdemeanors nor shall they be criminal in nature. 955.10. Penally. Any person who violates any provision of section 955.03 is guilty of a misdemeanor; and upon conviction thereof shall be punished by a fine and/or imprisonment consistently with State Law for misdemeanor crimes, plus the costs of prosecution. SECTION 2. This ordinance shall be effective immediately upon its passage. ADOPTED by the City Council this day of it 41emkev- 1997. 01 J c n Tie ey, Mayor ATTEST: aurie F. Ahrens, City Clerk