(A) Purpose and definition.
(1) The Board of Commissioners of the City of Havelock is enacting this section to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Board finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless property owners or the City act to remove graffiti from public and private property, the graffiti tends to remain. Other properties then may become the target of graffiti vandalism and entire neighborhoods can be adversely affected, property values lowered, and respect for property diminished, alt to the detriment of the City.
(2) The term GRAFFITI means writings, drawings, inscriptions, figures or marks of paint, ink, chalk, dye, or other similar substances on public or private buildings, structures or places which are not authorized or permitted by the property owner or possessor. For the purpose of this section, graffiti includes drawings, writings, markings or inscriptions regardless of the content or the nature of materials used in the commission of the act.
(B) Graffiti prohibited. It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray, place or draw graffiti of any type on any public or private building, structure or any other real property or personal property. Such acts shall be a misdemeanor. Any person convicted of a violation of this section shall be fined not less than $250 for the first offense and $500 for the second and subsequent offenses.
(C) Exemption. Division (B) of this section shall not be construed to prohibit temporary, easily removable chalk or other water-soluble markings on public or private sidewalks, streets or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for stickball, kickball, handball, hopscotch or similar activities, nor shall it be construed to prohibit temporary, easily removable chalk or other water-soluble markings used in connection with any lawful business or public purpose or activity.
(D) Removal of graffiti. It shall be unlawful for any person owning private property, acting as manager or agent for the owner of the property, or in possession or control of property to fail to remove or effectively obscure any graffiti upon such property. In the event the person or persons responsible for the graffiti vandalism cannot be identified by the Havelock Police Department or if the graffiti is not removed or effectively obscured by either the perpetrator, property owner, manager, or agent of the owner or person in possession or control of the property within ten calendar days, then the Police Department shall notify the Havelock Planning and Inspections Department who will then send a notice to the person or persons owning property, acting as manager or agent for the owner of the property, or in possession or control of property requiring them to remove or effectively obscure the graffiti from the property within ten calendar days. If after ten calendar days it is determined that said property owner, manager, agent, or person in possession or control of the property has failed to remove or effectively obscure the graffiti from the property, the property owner, manager, agent, or person in possession will receive notice to appear before the City Manager to show cause as why they have not complied with the section. After hearing the statements of the noticed person(s), the City Manager may direct the Planning and Inspections Department to remove or effectively obscure the graffiti in accordance with division (H) of this section.
(E) Mitigating circumstances. In determining the fine to be imposed, the court may consider the efforts, if any, taken by the violator to remove or effectively obscure the graffiti.
(F) Restitution. In addition to any other punishment imposed, the court shall order the person convicted of a violation of this section to make restitution to the victim for the damage or loss suffered by the victim as a result of the offense. The court may determine the amount, terms, and conditions of the restitution. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution.
(G) Community service. In addition to, or as a part of, the penalties specified in this section, a violator may be required to perform community service as determined by the court. Reasonable effort shall be made to assign the violator to a type community service that is reasonably expected to have the most rehabilitative effect on the violator, including community service that involves graffiti removal.
(H) Notice and removal by City.
(1) Whenever the City becomes aware of the existence of graffiti on any private property, the City shall give written notice to remove or effectively obscure such graffiti to the property owner, manager, agent, or other person in possession or control of the property.
(2) If the person owning the property, acting as manager or agent for the owner of the property, or in possession or control of the property fails to remove or effectively obscure the graffiti within ten calendar days from receipt of the notice described in this division (4), the City may cause the graffiti to be removed or effectively obscured using City personnel or funds and charge the property owner, or the property owner's manager or agent, or the person in possession or control of the property, for the expenses incurred by the city in removing the graffiti. Cleanup of graffiti is considered to be an appropriate use of public funds. The City shall have a right of entry onto the property for the sole purpose of removing or otherwise obscuring the graffiti present on the exterior of buildings, structures, or personal property.
(I) Remedies available to City.
(1) The City may bring suit in a court of competent jurisdiction to recover all such expenses, which shall include, but not be limited to, all administrative personnel costs, attorney's fees and costs related to enforcing this section; and/or the City may record a lien in the public records of Craven County, which lien shall be for all such expenses, and the amount of the lien shall bear interest from the date of recording.
(2) The City may place a lien on the property to recover its cost of cleanup. If the City intends to place a lien on the property, as provided in division (I)(1) of this section, it must also notify all other persons whose names appear on the county tax rolls as having a legal interest in the property. Notice shall be given by personal service or certified mail, except that notice may be given first class mail to those persons, other than the property owner, whose names appear on the county tax rolls as having an interest in the property. All notices shall state the procedure for appeals under this section.
(J) Appeal procedure. Appeals may be taken to the Board of Adjustment by the person owning the property, acting as manager or agent for the property, or in possession or control of the property to prevent the removal of any graffiti, within ten calendar days of having received notice from the City that the graffiti must be removed. Appeals shall be in writing and shall state the reasons for the appeal. If the party filing the appeal requests a hearing, such hearing shall be held at the next scheduled meeting of the Board of Adjustment. If, on appeal, the Board of Adjustment determines that the graffiti must be removed, the Board may set a new deadline date for compliance or authorize the City to proceed to remove or obscure the graffiti. The City shall not remove or obscure any graffiti during the pendency of an appeal.
(K) Emergency removal. If the City determines that any graffiti presents an imminent danger to the health, safety, or welfare of the public and is unable to provide notice by personal service after at least two attempts to do so, then forty-eight (48) hours after either:
(1) Mailing of the notice described in division (H) of this section by certified and first class mail to the person owning the property, acting as agent or manager for the owner of such property, or in possession or control of such property, or
(2) The posting of the notice in a conspicuous place on the property, the City may remove or cause the graffiti to be removed at its expense.
(L) Extent of removal. In no case shall the City paint or repair any area on private property obscured by graffiti more extensively than where the graffiti itself is located. The City shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).
(Ord. 10-O-01, passed 1-25-2010)