HomeMy WebLinkAboutOrdinance No. 20165ORDINANCE NU. 20165
AN ORDINANCE CONCERNING GRAFFITI; AND
AMENDING SECTIONS 6.005, 6.010, 6.080, 6.100, AND 6.990
OF THE EUGENE CUDE,1971.
The City Council of the City of Eugene finds that:
A. Graffiti is a persistent problem in many areas of the City.
B. The existence of graffiti causes damage to the public by creating blight, marrin the
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City s visual attractiveness, decreasing property values, adversely affecting the quality of life for the
City's citizens and discrediting the City's reputation far livability. The visual bli ht and ro e
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damage caused by graffiti takes its toll on the community standards. When graffiti is allowed to
remain on property and it is not promptly removed, it invites yet more markings and criminal
activity, creating an atmosphere that deteriorates the City's quality of life and fosters a eneral fear
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of crime.
C. Graffiti defaces property, causing damage to the owner of the property on which it
appears, whether the owner is a private citizen or organization, or a governmental entity. To remove
this graffiti, it is necessary to paint it over or to use other substances to clean or remove it from the
surface, creating a financial burden,
D. The welfare of the citizens of the City will be served by declaring the existence of
graffiti to be a nuisance and to provide for its prompt removal.
E. When graffiti is removed in a timely fashion, the likelihood of its re-application
decreases dramatically.
NOW, THEREFORE,
THE CITY OF EUGENE DUES ORDAIN AS FOLLOWS;
Section 1, Section 6.005 of the Eugene Code, 1971, is amended by adding the followin
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definition in alphabetical order thereinto provide:
6.005 Definitions. For purposes of sections 6.x05 to 6.845, the following
words and phrases mean:
Graffiti. Any inscriptions, words, figures or designs, other than handbills,
that are marked, etched, scratched, drawn, painted, pasted, or otherwise off xed to the
exterior surface of public or private property, without the knowledge and prior
consent of the owner or person in charge of the property.
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Section 2. Section 6.010 of the Eugene Cade,1971 is amended by reletterin the current
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subsection (m) to (n) and adding a new subparagraph (m) thereto, to provide:
Nuisances Affect ,,,_ .
6.010 ing~the Public. The following are nuisances which
may be abated as provided in this code:
gym} Gam. Notwithstanding the defnitian of "graffiti" in section 6.005
of this code, neither the city nor a property owner shall be required to abate Taff ti
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that consists of ~nscr~pt~ons, words, figures or designs that are etched or scratched
into window or other glass of a public ar private building.
fin} Qt._ hers. Any other thing, substance, condition, or activity prohibited
by state law, common law, this Code, other ordinances, or which is determined b
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the council to be injurious or detrimental to the public health, safety, or welfare of
the city.
Section 3. Subsection ~3}fie} of Section 6.0$0 of the Eugene Code, 1971, is amended to
prove e:
6.080 Abatement Procedures - Natice.
~3} The notice to abate shall contain:
fie} A statement that failure to abate a nuisance may result in the
imposition of an administrative civil penalty and a court prosecution.
Section 4. Section 4.100 of the Eugene Code,1971, is amended to provide:
6.100 Abatement Procedures - Assessment of Costs.
~1} The finance off cer, by registered or certif ed mail, posts a re aid shall
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forward to a person responsible a notice stating:
~a} The total cost of abatement including the administrative overhead.
fib} That the cost as indicated will be assessed to and become a lien
against the property unless paid within ten days from the date of the notice.
~c} That if the person responsible objects to the cost of the abatement as
indicated, the person responsible may file a written notice of objection with the
f nance officer not more than 10 days from the date of the notice.
~2} Neither the owner nor person in charge of property shall be required to a
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the expenses incurred by the city to abate graff~t~, and no lren shall be Imposed on such roe for
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such costs.
~3} The person responsible's objection to the costs of abatement shall be heard
by a hearings official. The objector shall be given at least five days' prior written notice of the time
set to consider his or her objections. The hearings official shall take oral or written testimon at the
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time and place specified ~n the notice. The hearings official shall determine the abatement costs to
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be assessed and shall communicate the decision in writing to the objector which writing shall also
state that if the costs of abatement are not paid within ten days from the date of the decision, the
costs shall be entered in the docket of city liens and upon such entry shall constitute a lien upon the
property fram which the nuisance was removed or abated or upon the abutting property when the
nuisance was removed or abated from the public way.
~4} 1f no objection is filed or if the costs of the abatement are not paid within ten
days from the date of the notice, an assessment of the costs as stated shall be made by the f nance
officer and shall thereupon be entered in the docket of city liens; and, upon such entry being made,
shall constitute a lien upon the property from which the nuisance was removed or abated or u on the
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abuttzng property when the nuisance was removed or abated from the adjoining public way.
~5} The lien shall be enforced in the same manner as liens for street improvements
and shall bear interest at the rate prescribed in section 2.022 of this code. The interest shall
commence from date of entry of the lien in the lien docket. For qualifying property owners the
payment of the lien may be deferred, extended or modified as provided in sections 7.195 to 7.220
of this code.
~6} An error in the name of a person responsible shall not void the assessment nor
will a failure to receive the notice of the proposed assessment render the assessment void, but it shall
remain a valid lien against the property.
Section 5, Section 6.990 of the Eugene Code, 1971 is amended by adding a new Subsection
~ 12} thereto, to provide:
6.990 Penalties - Soecif c.
~ 12} A person who causes a nuisance as declared in subsection G.010~m} to come
into existence on public property or private property, shall be punished upon conviction by a fine
not to exceed $750 or confinement in jail not to exceed 30 days, or both such fine and imprisonment.
In addition to, or in lieu of such f ne andlor imprisonment, the court may order the person
responsible to pay restitution in the amount of the costs incurred in abating the nuisance andlor
perform community service as determined by the court.
Section 6, The City Recorder, at the request of, or with the concurrence of the City Attorney,
is authorized to administratively correct any reference errors contained herein or in other provisions
of the Eugene Code,1971, to the provisions added, amended or repealed herein.
Passed by the City Council this
11th day of August,1999
City Recorder
Approved by the Mayor this
11th day of August,1999
Mayor
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