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HomeMy WebLinkAbout08608ORDINANCE NO. 8608 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ABATEMENT OF GRAFFITI AND PROVIDING PENALTIES THEREFOR BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 11-9-8 of Chapter 9 of Title XI, Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 11-9-8. Removal of graffiti. (a) Property owner responsibility. It is unlawful and a Class 2 municipal offense for the owner or responsible party of property upon which graffiti exists or has been applied in the City to permit such graffiti to remain for a period of ten (10) days after service by certified mail or posting of notice of the graffiti. The notice shall contain the following information: (1) The street address and legal description of the property sufficient for identification of the property; (2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to findings; (3) A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated, or an appeal filed [] within that time, the property will be declared to be a public nuisance., Thereafter, the City may enter upon the property, cause the removal of the graffiti by painting over in such color as shall meet with the approval of the City Manager, or the designee of the City Manager, or such other abatement as deemed appropriate subject to the abatement procedures [] contained within Section 11-9-8(f)d of this Chapter; and (4) An information sheet identifying any graffiti removal assistance programs available through the City and private graffiti removal contractors. (b) Service of notice. For purposes of this Chapter, notice shall be deemed received upon the date signed on the return receipt, upon receipt of the return receipt or certified letter marked refused or unclaimed, or ten (10) days after notice has been posted on the property. [] (c)b Exceptions to responsibility. The removal requirements of Section 11-9- 8(a) of this Chapter shall not apply if the property owner or responsible party can demonstrate that the property owner or responsible party lacks the financial ability to remove the graffiti. (d) Right to appeal. (1) Notice of appeal. Within ten (10) days after receipt of the notice, a property owner or responsible party may file a written appeal with the City Manager or the designee of the City Manager, setting forth the reasons why the property does not constitute a public nuisance and any defenses the property owner or responsible party may have for failure to remove the graffiti pursuant to the notice. Untimely appeals will not be considered. (2) Hearing. The City Manager or the designee of the City Manager shall hold an appeal hearing within ten (10) days of the filing of the notice of appeal by the property owner or responsible party. At the hearing, the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance and any defenses the property owner or responsible party may have for failure to remove the graffiti. (3) Determination of Hearing Officer. The determination of the Hearing Officer after the hearing shall be final and not appealable. If, after the hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give a written order to the owner or responsible party at the time of the hearing, or if the owner or responsible party does not appear, by mailing a copy of the written order by U.S. mail postage pre-paid to the address provided by the owner or responsible party in the notice of appeal, that, unless the graffiti is removed within seven (7) days of the date of the written order, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer), or such other abatement thereof as the Hearing Officer determines appropriate. [] (e)c Right of City to remove. (1) Use of public funds. Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the City shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Manager, or the designee of the City Manager, determines in writing that more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (2) Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the graffiti within the time specified by this Chapter, or if the City has requested consent to remove or paint over the graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the City and consistent with the terms of this Chapter, and the property owner has failed to file an appeal with the City Manager or the appeal has been denied by the Hearing Officer, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. [] (f)d Abatement and cost recovery proceedings. [ (1) Notice of hearing. The City Manager, or the designee of the City Manager, serving as the Hearing Officer, shall provide the property owner of record and the responsible party, if a person different than the owner, not less than forty-eight (48) hours’ notice of the City’s intent to hold a hearing, at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served by mail, pursuant to and in accordance with Section 1-1-11(6) of this Code. If the owner of record cannot be found after diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days. (2) Determination of Hearing Officer. The determination of the Hearing Officer after the hearing shall be final and not appealable. If, after the hearing, regardless of the attendance of the owner of the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice, service in the manner specified in Section 11-9- 8(d)(1) of this Chapter, that unless the graffiti is removed within ten (10) days, the City shall enter upon the property, cause the removal, painting over ( in such color as shall meet with the approval of the hearing Officer), or such other ] eradication thereof as the Hearing Officer determines appropriate. [][] (1)3 Abatement.Eradication effort. Not sooner than ten (10) days after receipt of the Notice or the time specified in the written order of the Hearing Officer, the City Manager, or the designee of the City Manager, shall [][] implement the cause the graffiti to be abated eradication order and shall provide an accounting to the owner and responsible party of the costs of such [] abatement eradication. [] (2)4 Lien. If all or any portion of the cost of such abatement [] eradication remains unpaid after thirty (30) days, the amount thereof shall be charged against the owner of the property that was the subject of the [] abatement eradication effort and be considered an unpaid debt owed to the City. Upon recording in the office of the County Clerk and Recorder of a statement under oath of the City Manager showing the amount of the unpaid [] cost of such abatement eradication and describing the property, the unpaid [] cost of such abatement eradication plus interest at the rate of ten percent (10%) per annum from the date such costs were incurred, shall be and constitute a perpetual lien on the property having priority over all other liens and encumbrances except general ad valorem tax liens, and such lien shall remain in full force and effect until paid in full. Filing of such lien shall not be an exclusive remedy. The City may pursue any other remedies provided for in law or equity by the laws of the State of Colorado, City Charter, or Municipal Code for collection of a debt owed to the City. SECTION 2. Any person who violates Section11-9-8(a) of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and shall be punished as provided by Section 11-1-103, Pueblo Municipal Code, as amended. SECTION 3. This Ordinance shall become effective upon final passage and approval. INTRODUCED: June 24, 2013 BY: Chris Kaufman PASSED AND APPROVED: July 8, 2013 Background Paper for Proposed ORDINANCE DATE: June 24, 2013 AGENDA ITEM # R-4 DEPARTMENT: Law Department Carla Sikes, Assistant City Attorney TITLE AN ORDINANCE AMENDING CHAPTER 9 OF TITLE XI OF THE PUEBLO MUNICIPAL CODE RELATING TO ABATEMENT OF GRAFFITI AND PROVIDING PENALTIES THEREFOR ISSUE Should the Pueblo Municipal Code relating to graffiti abatement be amended? RECOMMENDATION Approve the Ordinance. BACKGROUND City Council has determined that graffiti is a public nuisance and destructive to the community. Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain. Without prompt removal of graffiti, the entire neighborhood is negatively affected. The proposed ordinance will enhance compliance with Section 11-9- 8 of the Pueblo Municipal Code and reduce the time it will take the City to remove graffiti from private property. FINANCIAL IMPACT None.