HomeMy WebLinkAbout4587 ORDINANCE NO..'4/.6-aP 7
AN ORDINANCE declaring the presence of graffiti a public nuisance and requiring its
abatement.
WHEREAS, graffiti on public and private property blights neighborhoods by decreasing
property values, and intimidating and threatening those who live and work in the area by declaring
gang activity or a likelihood of further vandalism; now, therefore,
TItE CITY OF BREMERTON DOES ORDAIN:
Section 1. New Chapter. A new chapter, 9.90 is added to the Bremerton Municipal Code to
read as follows:
.010 Graffiti -Definition. "Graffiti" as used in this chapter means the writing, drawing, or
script located on buildings, walls, fences, windows, signs or other open printable spaces which
damages or defaces the structure or other surface and which is visible from any public right-of-
way or public property.
.020 Graffiti - Nuisance Declared - Notice of Removal.
(1) Graffiti is declared to be a public nuisance and subject to abatement.
(2) Whenever the official charged with enforcing the City Building Code or his/her
designated representative, determines that graffiti exists on any public or private buildings,
structures, and places which are visible from any public right-of-way or public property, and
weather permits the painting of exterior surfaces, the official shall cause a notice to be issued to
abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice
to remove the graffiti or the same will be subject to abatement by the City.
(3) The notice to abate pursuant to this section shall be served upon the owner(s) of the
affected premises, as such owners' name and address appears on the last property tax assessment
roles of Kitsap County, Washington, as well as the occupant of the property if known. If there is
no known address for the owner, the notice shall be sent in care of the property address. Service
may be by personal service, or registered and first class mail.
.030 Appeal. Within seven (7) working days from the mailing or from personal service of
the notice to remove the owner or person occupying or controlling the premises affected may
appeal the notice of abatement to the Hearing Examiner under procedures of BMC 2.62.045.
Filing of an appeal will stay actions by the city to abate the graffiti nuisance during the pendency
of the appeal.
.040 Removal by the City. Upon failure of the owner or occupant to comply with the
notice to abate by the designated date, or such continued date thereafter as the police Chief or
his/her designated representative approves, then the City or its private contractor is authorized to
enter upon the premises to abate the graffiti. Ail reasonable efforts to minimize damage from such
entry shall be taken, and any paint used to obliterate or cover graffiti shall be as close as
practicable to background color(s) and the areas repainted shall be the minimum required to
obliterate the graffiti.
APPROVED by the City Council of the City of Bremerton this ~ day of~
1997.
PASSED by the City Council of the City of Brem~rton this/~/c; day of
1997.
DAVID FARR, Council President
APPROVED this ~c[ day of ~~-~-A/, ;997.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk i lYE DATE