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Home My WebLink AboutD-1251-96 Graffiti Code AmendOrdinance No. D-1251-96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ENACTING SECTION 6-82 OF THE CARMEL CITY CODE, TO BE ENTITLED "GRAFFITI" WHEREAS, the City of Carmel enacted Ordinances defining and regulating abatemere of public nuisances, codi~ed in the Cannel City Code Chapter 6, Article 5, Division I; and WHEREAS, the above referenced Carreel City Code sections do not address Graffiti; and WHEREAS, it is the responsibility of the Common Council to enact Ordinances in order to protect the public safety and welfare of the citizens of Carmel, Indiana; and WHEREAS, the threat of gang related activity in the City of Cannel must be abated with all due expediency; and WHEREAS, the appearance of Graffiti is commonly an indicator of such gang related activity; and WHEREAS, the continued presence of Graffiti, especially gang related Graffiti, is a signal to those elements that the citizenry is apathetic to the establishment and presence of gangs; and WHEREAS, it is necessary to define Graftiti and enact an ordinance governing procedures in order to discourage the presence of organized youth gang activity. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carreel, Indiana as follows: I.The Cannel City Code shall be mended to include the following section: Section 6-82 Graftiti Definitions (a) "Graffiti" shall include markings which deface, deform, mar or which cause the defacing, deforming, or marring of any public or private property including by way of illustration and not limitation, buildings, trees, lampposts, poles, hydrants, bridges, piers, sidewalks, streets, and alleyways, or the surface of any public or private property located upon any public thoroughfare or fight-of- way, or upon any public place within the city. However, this section shall not prohibit the posting of notices required by law to be posted. (b) "Owner" shall mean all public and private property owners in the City of Carmel, Indiana. Violations, Penalties (a) It shall be unlawful for any person to cause the appearance of Graffiti on public or private property within the Cannel corporate city limits. (b) Any person who violates this Section shall, upon conviction, be fined in an mount not to exceed $3000.00. (c) All fines collected pursuant to the immediately preceding clauses (b) and (c) herein shall be deposited in a special fund (the "Fund") for reimbursement to qualified Owners of expenses incurred pursuant to this Ordinance. Owners (a) Any Owner or Tenant shall notify the Carreel Police Department (the "Department") within forty eight (48) hours of the appearance of Grattiti on their property. (b) Upon notification, the Department shall cause an inspection of the Graffiti to be made, a police report to be filed, and shall begin an investigation as the Department deems necessary and prudent. A copy of the police report shall be forwarded to the Director of the Department of Community Services (the "Director") for purposes of commencement of deadlines and notification requirement contained herein. (c) Once an inspection has been made, the Owner shall have ten (10) business days in which to remove or cover the Graffiti. (d) Noncompliance with the removal provision of this Ordinance shall occur at the expiration of the ten (10) business day period if the Graffiti has not been either removed or covered. (e) In the event of such noncompliance, the Director and/or his designee or the City Engineer shall issue a written notice to the violating Owner. Said notice shall order Owner to correct the noncompliance by removal and/or covering of the Graffiti within five (5) days of receipt of notice. Such notice may be served either personally on the Owner or sent by certified mail with a return receipt requested. If the Owner is a nonresident of the City of Carmel, notice shall be sent to Owner' s last known address. (f) Expenses incurred by Owner in abating the violation may be reimbursed from the Fund upon compliance with reporting procedures and removal time frames. No reimbursement will be made if the Owner does not comply with the requirements set forth herein. (g) If the ~er fails to abate the violation within the time prescribed by the notice, the Owner shall be deemed to have granted permission to the respective city official to cause a designee of the City of Cannel to enter the property for the limited purpose of covering and/or removing such Graffiti. (n) The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the City of Cannel in such covering and/or removal, and issue a bill for such costs, including administrative costs and removal costs, which bill shall be delivered to the Owner either by hand or by certified mail return receipt requested. The Owner shall, within ten (10) days of receipt or refusal of such notice, pay the amount due at the Clerk-Treasurer' s office. (i) Any notice of violation or bill issued under this Ordinance may be appealed to the Board of Public Works and Safety if notice of appeal is given to the Clerk-Treasurer within seven (7) days of the Owner' s receipt or refusal of the notice of violation. The Board of public Works and Safety shall hear any properly requested appeal at a regularly scheduled meeting within fifteen (15) business days following receipt of such appeal request and shall make a determination at the meeting at which it hears the appeal or at its subsequent regularly scheduled meeting. If the Owner fails to pay a bill issued under this Ordinance within the time specified, the Clerk-Treasurer shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the City of Cannel. Nothing contained herein shall be construed to preclude any criminal investigation by the Department or any other law enforcement agency. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and satisfaction of any notice requirements. AT~ Diana L. Cordray, Presented to the Mayor of the City of Carreel this /b day of o' clock. f James Brainard, Mayor 1996 at ATmp,,ST: ~[aVna L. CordTay, dlerk-T~ Z vc~ ,,SNyz~,~' ,SILL Y Z, ord~r'a~ti Forn~ Prescribed by State Board of AccountS General Form N0. 99P (Revised 1995) ' "PUBLISHER'S CMiM'~ .... :.' LINE COUP' : . . . Display Matter (Must not ~cecd two actual lines. neither of which shall ... total more than four solid lines of t~e In which the body of the advertisement is set) -- number of equivalent lines ............. Head -- number of lines: .......... . .......... ... .... . ..... '. '. i':, ~ , . __ . . . . ' Body num~y~ of ~~ncs ~ ~ ' . ~ :' ....' .......... : ....... 'r"':' ;. ,L:., Total nun bcr o lin~s In notice ........... . . .. :. '. ~ .... .'. COMPUTATION OF CI-~GES " j! ~ ,;' ;:ia~ at · 2~ [. cents pcr line ....................... ............ $' Additional charge for notices containing rule or tabular work {50 l, crccnt of above amount} .... ........... : (-') ,: ,!.:,' .!.',L :, 'i' ': Y.. :, Chargc for extra proofs of publication {$1.00 fox' cach proof ... in excess .of two) ..... ... .......................... . ...... ~ ·. TOTAL AMOUNT OF CLAIM ........................... $ ~/. 19 5'~ DATA FOIl COMPUTING COST 'Width of single colun~n F Nunsbet of Insertions / SIze of type/(~ point enls Pursuant to the provisions and penalties of Chapter 155. Acts 1953. I hereby certify that the foregoing account is Just and correct. that the amount claimed · CITY OF OARMEL INDIAN~Os~smb~. 1~.. ~ SECTION &SI C~ ~ ~ M~ ' ~~~.~ t~s~ :fore me. a notat~ public in and for said county and ~c~~&v~ m~L~ David ~ Lewis who. being duly sworn, says that he -~ -~ ~s~ ally Ledger a dally ncwspal~cr of general ch'culation print- ~ ~ o~. ~ ~-T~ ~C English language in the town or Fisher8 ill state alld ~ ~ ~ ~M: ~ ~ ~ ~ M~ ~ i~ ~ 'ill 'd Illalter ~n~s.~,~ c~ ~ ~.~ ~. ~s ~ ~ that the p~ tc ~ , tachcd hereto Is a truc copy. ~ ~ ~ ~ ~s ~ ~.~-~.~o.~ grad in said paper for / time . the dates of pub- ~~~ ., ~-T~' ' / e / '~ ~';~ Subscribed and sworn to before me this / ~ day, of~e~ e ~ ~ ~ 9~,. ~~m~~ , ,, . : . - ............ ~. I . !"':' ...... · , ns~s governing 'puxadums in orderlod~co~raOelhem · ~,THEREFORE, BE ST ORDAINED by t~e Conlnon :-' C~umll d N C~ d 'C~md, ,.;' -, .-, ~&~mfftl .' -Ddkli~' .~" Resident of /L~/h,'//~I,<-- C°u~~ty