(A) Purpose statement. It is the desire of the town to prohibit graffiti as defined in the definitions provided in this section. The town finds that the speedy removal of graffiti from both public and private property will not only serve to preserve the aesthetic quality, economic property values, and livability of neighborhoods and business districts, but it will also serve to help reduce the gang activity and gang violence in the town.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any unauthorized inscriptions, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public, private, real or personal property by any means other than by use of chalk or any such defacement, irrespective of whether authorized by the owner, which is found to be a public nuisance by the town.
GRAFFITI REMOVAL NOTICE. The written notice given to the property contact person noticing them of the need to abate a nuisance.
PROPERTY CONTACT NUISANCE. The person, including the individual, firm, partnership, or corporation, and their agents or employees, who has the authority to maintain the affected real property, whether it is the occupant owner, occupant or managing agent.
REMOVE GRAFFITI. To clean and/or appropriately paint over the graffiti, including any repairs to a structure’s cladding reasonably required to neatly complete the removal.
TOWN REMOVAL. Removal by the town, or its designee with the town’s powers to abate a nuisance.
(C) Notice of removal. Written notice shall be given the to property owner and the contact person by certified US Mail at the earliest time practicable after the initial report is filed with the appropriate department.
(D) Removal of graffiti.
(1) It shall be the duty of the property owner and the contact person to take all appropriate and responsible steps necessary to remove the graffiti by the end of the third business after receiving notice of the violation.
(2) Graffiti removal shall be done in a manner acceptable to the town.
(3) If the property owner fails to remove the graffiti in a manner acceptable to the town by the end of the third business day, the town will remove the graffiti and the owner shall be responsible for all fees and costs, associated with removal.
(E) Enforcement. The existence of graffiti on public, private, real or personal property in violation of this section is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this section and as otherwise stated in the town code. Effective July 1, 2012, violation of this § 130.08 shall subject the offender to civil penalties of not more than $50. Pursuant to G.S. 160A-175, all criminal penalties for violations of this § 130.08 as set out in G.S. 14-4 are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
(Ord. 2008-39, passed 2-4-2008; Ord. 2013-01, passed 7-18-2012)