Council OKs law to force graffiti removal


By MATT STILES
Copyright 2006 Houston Chronicle

Rejecting concerns that the measure would penalize victims, the City Council today approved a new law cracking down on property owners and tenants who don't act to get rid of graffiti.

The ordinance allows city officials to fine property owners and tenants who don't remove graffiti quickly, and it outlaws the sales of certain markers to minors.

The measure, passed on an 11-4 vote, takes effect in 60 days.

In an effort to allay concerns that graffiti victims would suffer under the ordinance, the council amended the plan to allow owners to sign waivers in advance permitting the city to paint over graffiti on their property.

"This just demonstrates our commitment to the victims of graffiti, that we're looking for compliance, support and collaboration," said Councilman Adrian Garcia, a key proponent of the ordinance.

Previously, property owners were required to abate graffiti within 30 days, or ask the city to do it for them.

The new law extends that liability to property occupants, and it reduces the time to get into compliance to 10 business days. It also allows city officials to issue a misdemeanor citation, with a maximum fine of $500, to those who fail to comply after receiving a written warning.

Victims of graffiti, also called "tagging," can report incidents using the city's 311 Service Helpline. They can ask the city to paint over the graffiti at no cost, but the city won't guarantee a matching color.

The new law also prohibits the sale of broad-tipped permanent markers and paint sticks with a width of at least one-quarter inch to children under 17 years old. Violation of that law also would carry a maximum $500 fine. It's already illegal to sell spray paint to minors.

Councilwoman Sue Lovell, who has made fighting graffiti a priority, said she hoped the law would be accompanied by an effort to educate young people that tagging property is a crime that won't be tolerated.

"Now we'll get about arresting the vandals," she said.

Council members Michael Berry, Addie Wiseman, Anne Clutterbuck and Shelley Sekula-Gibbs voted against the ordinance.