(A) The existence of graffito and/or graffiti on any township-owned property and on any non-township-owned property within the boundaries of the township is expressly declared to be a public nuisance.
(1) Graffito or graffiti existing on property within the township is subject to removal in accordance with the procedures of this ordinance or as may otherwise be provided by law.
(2) It is the duty of both the owner of the property to which the graffito and/or graffiti has been applied, and any person who may be in possession or has the right to possess that property, to, at all times, keep the property clear and free of graffito and/or graffiti.
(B) No person shall use any paint, spray paint, pigment, or similar means to injure, deface, or destroy any public or private property including the making of any drawing, inscription, design, scribbling, model, picture, pictorial, graph, or other making commonly referred to as graffito or graffiti.
(1) Any person applying graffito or graffiti within the boundaries of the township shall have the duty to remove the same forthwith. Any person applying graffito or graffiti shall be responsible for the removal or for the payment therefor. Failure of any person to so remove graffito or graffiti or pay for its removal is a violation of this section. Where graffito or graffiti is applied by an un-emancipated minor, the parent(s) or legal guardian(s) or any other person legally responsible for the actions of that minor shall also be responsible for the removal or for the payment therefor pursuant to M.C.L.A. § 600.2913; M.S.A. 27A.2913; and otherwise provided herein and by law.
(2) It shall be the responsibility of the owner of any property marked or defaced as defined in this section to remove or paint over the markings after discovery of their existence so as to minimize the addition of further markings and other blight upon the property. Any owner removing markings pursuant to this section may be entitled to restitution in an amount determined by the Court for the cost of removing these markings. That restitution is to be paid by any person found responsible under this section for graffito and/or graffiti.
(3) Property owners shall remove the graffiti, weather permitting, not later than 10 days from receipt of a notice from the township, which notice shall be in writing and delivered by first class mail addressed to the owners of the property as shown on the latest tax roll at the address shown on that roll. Notification may also be made by personal service.
(C) Upon the failure, neglect, or refusal of any owner so notified to properly remove or paint over the graffito or graffiti after receipt of the notice provided above, the township or its authorized representatives are hereby empowered to enter upon the property for the purpose of accomplishing abatement of the nuisance by removal or elimination of the graffito or graffiti by the township.
(1) The costs incurred by the township in the abatement of the nuisance, including a reasonable cost of administration, shall be billed to the owner of the affected property.
(2) In the event that the costs of the abatement of the nuisance are not paid by the owner within 90 days of the submission of the statement by the township, the amount so billed shall be added to the annual real property tax bill for the affected property and collected in the manner provided for the collection of ad valorem real property taxes.
(Ord. 11-190, passed 7-19-2011) Penalty, see § 130.99