Ordinance 3677ORDINANCE NO. 3677
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW CHAPTER 5.60, GRAFFITI;
DECLARING GRAFFITI A PUBLIC NUISANCE;
PROHIBITING DEFACEMENT OF PROPERTY WITH
GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS
WITH INTENT TO DEFACE; IMPOSING CRIMINAL
PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI;
ESTABLISHING AN APPEALS PROCESS; ESTABLISH A
GRAFFITI FUND; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, cities are authorized under Titles 35 and 35A RCW to make and enforce by
appropriate ordinances all such police and sanitary regulations as are not in conflict within state
law; and
WHEREAS, cities are authorized under Titles 35 and 35A RCW to declare by ordinance
what shall be deemed a nuisance; and
WHEREAS, cities are authorized under Chapter 7.48 RCW to abate public nuisance at
the expense of the parties creating, causing, committing, or allowing the same to continue; and
WHEREAS, graffiti is vandalism; and
WHEREAS, the defacement of public and private property by graffiti vandals costs
businesses, property owners, cities, the counties, and the State millions of dollars a year; and
WHEREAS, graffiti is a visual symbol of disorder that erodes feelings of safety in and
demoralizes our neighborhoods; and
WHEREAS, some forms of graffiti can create a climate of intimidation, contributing to
neighborhood decline; and
WHEREAS, the existence of graffiti often becomes an invitation to additional crime; and
WHEREAS, graffiti can result in lowered property values, business viability, and
community pride; and
WHEREAS, there is substantial evidence that the prompt removal of graffiti is an
effective prevention strategy which discourages its return, while the failure to promptly remove
graffiti increases the likelihood that more graffiti will occur on the same site and on nearby
property; and
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WHEREAS, public and private efforts to reduce graffiti are undermined by those few
property owners who fail to cooperate in cleaning graffiti from their property despite requests
from their neighbors; and
WHEREAS, the failure to maintain one's property by removing graffiti to a reasonable
degree and within a reasonable period of time constitutes a public nuisance for the reasons set
forth above; and
WHEREAS, it is necessary to take steps now to protect the public health, safety and
welfare of our community against this threat; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 5.60 Graffiti is hereby adopted and added to Title 5
ECC to read as follows:
Chapter 5.60
GRAFFITI
Sections:
5.60.010
Declaration of policy — Findings.
5.60.020
Definitions.
5.60.030
Prohibited acts.
5.60.040
Declaration of public nuisance.
5.60.050
Notice of graffiti nuisance.
5.60.060
Appeal, abatement and cost recovery proceedings.
5.60.070
Trust fund.
5.60.080
Remedies not exclusive.
5.60.090
Severability.
5.60.010 Declaration of policy — Findings.
The City Council finds that graffiti on public and private buildings,
structures, and on personal property, including motor vehicles,
creates a condition of blight within the City that can result in the
deterioration of property values, business opportunities, and
enjoyment of life for persons using adjacent and surrounding
properties. The City Council further finds that the presence of
graffiti is inconsistent with the City's goals of maintaining
property, preventing crime, and preserving aesthetic standards.
Accordingly, it is the purpose of this Chapter to promote the
health, safety and welfare of the general public. No provision of
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this Chapter and no action taken pursuant hereto is intended to
impose any duty whatsoever upon the City or any of its officers or
employees. Further, nothing contained herein is intended or shall
be construed as forming the basis of any liability on the part of the
City, its officers, employees or agents, for any injury or damage
resulting from any action or inaction on the part of the City, its
officers, employees or agents.
5.60.020 Definitions.
A. "Abate" or "abatement" means the removal, painting over,
or the obscuring of graffiti from view.
B. "Graffiti" means any unauthorized inscription, 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 or private property by
any graffiti implement, to the extent that the graffiti was not
authorized in advance by the owner or occupant of the property, or,
despite advance authorization, is otherwise recognized and deemed
a public nuisance pursuant to RCW 7.18.120 and .130.
C. "Graffiti implement" means an aerosol paint container,
broad - tipped marker, gum label, paint stick or graffiti stick, etching
equipment, brush or any other recognized, similar and comparable
device capable of scarring or leaving a visible unauthorized
inscription, word, figure, painting, mark or other defacement on
any natural or manmade surface. A "broad- tipped" marker is any
form of ink pen with a tip exceeding one - quarter (1/4) inch in
width.
5.60.030 Prohibited acts.
A. Defacement. It shall be unlawful for any person to apply
graffiti to any natural or manmade surface on any City -owned
property or, without the permission of the owner or occupant, on
any non - City -owned property.
B. Possession of Graffiti Implements. It shall be unlawful for
any person to possess any graffiti implement, with intent to
damage property or under circumstances evincing an intent to use
the same in order to damage property, while in or upon any public
facility, park, playground, swimming pool, school property,
recreational facility, or other public building or structure owned or
operated by the City or while in or near an underpass, bridge
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abutment, storm drain, or similar types of infrastructure unless
otherwise authorized by the City.
C. Penalties. Any person violating any provisions of this
section shall be deemed guilty of a gross misdemeanor and upon
conviction thereof shall be punished as provided in Chapter 5.50
ECC. In the case of a minor, the parent or guardian having
custody of the juvenile shall be jointly and severally liable with the
minor for the payment of all fines and /or restitution imposed as the
result of a violation of this section, except that liability shall not be
imposed upon any governmental entity, private agency, or foster
parent assigned responsibility for an unemancipated minor
pursuant to court order or the department of social and health
services.
5.60.040 Declaration of public nuisance.
Graffiti is determined to be detrimental to the public health, safety
and welfare and is a public nuisance. It is a visual symbol of
disorder that demoralizes and erodes feelings of safety in our
neighborhoods. It contributes to neighborhood decline by inviting
crime and leading to a climate of intimidation in our
neighborhoods. Furthermore, it lowers property value, commerce,
community pride and tax revenues. Prompt removal of graffiti
from public and private property is in the public interest.
5.60.050 Notice of graffiti nuisance.
A. When the City becomes aware of a property within the City
with graffiti visible from a public or quasi - public place, the City
shall identify the party(ies) responsible for the property and send
the party an informational letter describing the nature and location
of the graffiti and requesting that the graffiti be removed promptly.
The letter shall explain the problems caused by the continued
presence of graffiti, the need for its prompt removal at the
responsible party's expense, describe the resources available to aid
in graffiti removal, and give notice that failure to remove graffiti is
a violation of City code that may lead to legal action to remove the
graffiti at the expense of the party and may subject the party to
civil penalties. The letter may also identify any graffiti removal
assistance programs available through the City, or any private
graffiti removal contractors.
B. If the graffiti is not removed within a reasonable period, as
determined by the Development Services Director, after the
information letter has been sent, the City shall issue an Order to
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Correct pursuant to the City's Civil Violation and Enforcement
Procedures set forth in Chapter 20.110 ECDC to the property
owner and the occupant of the property, if different; or in the
alternative, the building owners association or management
company if there are multiple owners and/or occupants.
C. The City shall issue a Notice of Civil Violation pursuant to
the City's Civil Violation and Enforcement Procedures set forth in
Chapter 20.110 ECDC to property owners or building owners
association that fail to comply with the terms of the Order to
Correct. The City through the Development Services Director
shall access civil penalties at the rate of $250.00 per day per
violation. Each and every day or portion thereof during which any
violation is committed, continued, permitted or not corrected shall
be a violation for purposes of this Chapter. The Development
Services Director shall have the discretion to reduce the assessed
daily civil penalty to not less than $25.00 per day upon a showing
of good cause and need consisting of the following factors:
frequency of offense, cooperation with the City in efforts to abate
the graffiti, progress in abating the graffiti, and other relevant
factors.
D. The Development Services Director shall have the
discretion to grant additional days to abate the graffiti upon a
showing of good cause and need consisting of the following
factors: frequency of offense, cooperation with the City in efforts
to abate the graffiti, progress in abating the graffiti, and other
relevant factors.
5.60.060 Appeal, abatement and cost recovery
proceedings.
A. A party to whom the Notice of Violation is issued may
appeal the same as set forth in ECDC 20.110.040(C). Written
notice requesting an appeal hearing before the Hearing Examiner
shall be directed to the Development Services Director, and shall
include the name of the party requesting the appeal, the address of
the graffiti nuisance property, a statement indicating standing to
appeal, and a concise statement as to reasons why the graffiti on
the property does not constitute a public nuisance.
B. Notice of Appeal Hearing. Upon a timely written request
for an appeal, the City shall provide the appellant, notice of the
appeal hearing before the Hearing Examiner at least five (5)
business days in advance of the same. Notice shall be deemed
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served three business days after the same is mailed to the parties by
certified US mail.
C. Determination of Hearing Examiner. The determination of
the Hearing Examiner after the due process hearing shall be final,
and there shall be no further administrative appeal. If after the due
process hearing, the Hearing Examiner determines that the
property contains graffiti viewable from a public or quasi - public
place, the Hearing Examiner shall declare the same a nuisance and
order the party to whom the Notice of Violation is issued to abate
it.
D. Hearing Examiner shall issue a decision and order, if
necessary, containing the following: findings of fact; conclusions
in support of the decision and order; type and method of abatement
action required; the date by which said abatement must be
completed; and civil penalties to be assessed by the City should
appellant fail to abate the graffiti by the date established in the
decision and order. Civil penalties shall range from $25.00 to
$250.00 based on appellant's appearance at the hearing, frequency
of offense, cooperation with the City in efforts to abate the graffiti,
progress in abating the graffiti, and other relevant factors. Each
and every day or portion thereof during which any violation is
committed, continued, permitted or not corrected shall be a
violation for purposes of this chapter.
E. Abatement. The City may, pursuant to Chapter 7.48 RCW,
obtain a warrant of abatement to enter upon the property, cause the
removal, painting over (in such color as shall meet with the
approval of the Court), or such other eradication thereof as the
Court determines appropriate, and shall provide the property
owner, or building owners association, thereafter with an
accounting of the costs of the eradication effort on a full cost
recovery basis including reasonable legal fees and costs.
5.60.070 Trust fund.
A. The City Council hereby creates the City of Edmonds Anti -
Graffiti Trust Fund. Penalties assessed against violators of this
Ordinance shall be placed in the fund, along with any monetary
donations received from persons wishing to contribute to the fund.
The City Council shall direct the expenditures of monies in the
fund. Such expenditures shall be limited to the payment of the cost
of graffiti removal from public property, the payment of the cost of
graffiti removal from private property pursuant to subsection B
below, the payment of rewards for information leading to the
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conviction of violation of the Ordinance, the costs of administering
the Ordinance, and such other public purposes as may be approved
by the Council by resolution.
B. The trust fund may be expended by the City to abate
graffiti from private property without engaging in cost recovery
proceedings only upon approval by the Council following a
recommendation of the Hearing Examiner upon his or her finding
that one of the following conditions is met: (1) abating graffiti
from the private property in question accomplishes a fundamental
government purpose; (2) abating graffiti from the private property
in question serves the public interest and there is no donative
intent; or (3) abating graffiti from the private property in question
will assist the poor and infirm. Recommendation from the Hearing
Examiner shall be submitted to the Council for consideration and
decision. Approval shall be by resolution.
5.60.080 Remedies not exclusive.
The remedies for violation of this chapter that are set forth in this
chapter are not exclusive.
5.60.090 Severability.
If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances is
not affected.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY ( 5 &&
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3677
APPROVED:
MAY R A HAAKENSON
01/11/2008
01/15/2008
01/20/2008
01/25/2008
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SUMMARY OF ORDINANCE NO. 3677
of the City of Edmonds, Washington
On the 15th day of January, 2008, the City Council of the City of Edmonds,
passed Ordinance No. 3677. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING A NEW CHAPTER 5.60, GRAFFITI;
DECLARING GRAFFITI A PUBLIC NUISANCE;
PROHIBITING DEFACEMENT OF PROPERTY WITH
GRAFFITI AND POSSESSION OF GRAFFITI IMPLEMENTS
WITH INTENT TO DEFACE; IMPOSING CRIMINAL
PENALTIES; REQUIRING THE REMOVAL OF GRAFFITI;
ESTABLISHING AN APPEALS PROCESS; ESTABLISH A
GRAFFITI FUND; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 16th day of January, 2008.
A",/, e efL
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
} S.S.
SUMMARY OF pRDINANCE N0.3677
o t e ry o mon s, as ington
On the 15Th day of Janua , 2006, the pity Council of the
City of Edmonds, Ordinance
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
THE HERALD, daily
passed No. 3677. A summary of
the content of said ordinance,
a newspaper printed and published in the City of Everett, County of
consisting of the tine, provides
as follows:
Snohomish, and State of Washington; that said newspaper is a newspaper of general
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, ADDING A NEW CHAPTER
circulation in said County and State; that said newspaper has been approved as a legal
5.60, GRAFFITI;
DECLARING GRAFFITI A PUBLIC NUISANCE; PRO-
HIBITG F
IN nFerCA. K r ^1 ,.....___— .
newspaper by order of the Superior Court of Snohomish County and that the notice
WITH INTENT TO DEFACE; IMPOSING u ruA, tihbbION OF GRAFFITI IMPLEMENTS
PENALTIES; EQUUI NG THE REMOVAL
OF GRAFFI-
TI; ESTABLISHING AN APPEALS PROCESS; ESTAB•
LISH A GRAFFITI FUND; PROVIDING FOR
SLmmary Of Ordinance
SEVERA-
BILI AND ESTABLISHING AN EFFECTIVE DATE.
The
tent of this Ordinance will be mailed upon request.
this 16th day of January 2008.
CITY CLERK, SANDRA S. CHASE
RE Graffiti
iPublished: January 20, 2008.
Ordinance No. 3677
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
January 20, 2008
RECEIVED
'JAN ' 3 12008
EDMONDS CITY CLERK
and that said newspaper was regularly
Subscribed and swom to before me this
day of January, 2008
I ! ?. I 1
in and for the State of Washington,
subscribers during all of said period.
21 st
0PR��T
NOTARY
idi gat W&MI 3®homi h
2 -17 -2010
`sOF WASH�N%
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001565548