CITY OF SALEM

CITY OF SALEM, OREGON - ANTI GRAFFITI ORDINANCE

95.600 DEFINITIONS.

As used in SRC 95.600 to 95.660

(a) "Graffiti" means any inscription, word, figure, design, painting, writing, drawing or carving that is marked, etched, scratched, drawn, painted, or otherwise applied to property without the prior authorization of the owner of the property regardless of the graffiti content, or nature of the material used in the commission of the act, or the material of the property.

(b) "Graffiti Nuisance Property" means property to which graffiti has been applied, if the graffiti is visible from any public right of way, from any other public or private property or from any premises open to the public, and if the graffiti has not been abated within the time provided in SRC 95.650.

(c) "Owner" has the meaning set forth in SRC 98.140(d) and, in addition, includes the state and political subdivisions of the state, school districts and special districts.

(d) "Permit" has the meaning set forth in SRC 98.140(e).

(e) "Property" means any real or personal property and that which is affixed, incident or appurtenant to real property, including but not limited to any premise, house, building, fence, structure or any separate part thereof, whether permanent or not.

(f) "Structure" has the meaning set forth in SRC 98.140(h). (Ord No. 37-94; Ord No. 96-95)

95.610 PROHIBITED GRAFFITI.

(a) It shall be unlawful for any person to apply graffiti.

(b) It shall be unlawful for any person to solicit or command another person to apply graffiti.

(c) It shall be unlawful for any person to aid or abet or agree to aid or abet another person to plan to apply or apply graffiti. (Ord No. 37-94; Ord No. 96-95)

95.620 PENALTY.

Violation of SRC 95.610 is an infraction. In addition to any other penalty provided by law, a person adjudged responsible for violation of SRC 95.610 or any other offense within the jurisdiction of the court may be ordered by the court to perform community service including graffiti removal at any locations within the jurisdiction of the court and to pay restitution. (Ord No. 37-94; Ord No. 96-95)

95.630 GRAFFITI REMOVAL.

(a) Graffiti removal means:

(1) Removal or attempted removal of graffiti from or painting or repair of public or private property with the written consent, on a form approved by the Salem City Attorney, of the owner of such property or of a person authorized by the owner of such property to give written consent, or

(2) Abatement under SRC 95.660.

(b) Graffiti removal shall be supervised by the Chief of Police or his or her designee. (Ord No. 37-94; Ord No. 96-95)

95.635 REWARD.

The Chief of Police may offer a reward of One Hundred Dollars ($100.00) or such other sum as the council may direct for information leading to the arrest and conviction of an adult or a finding that a juvenile is within the jurisdiction of the court for violating SRC 95.610. (Ord No. 37-94)

95.640. GRAFFITI NUISANCE PROPERTY.

(a) It is hereby found and declared that graffiti creates a visual blight and property damage. When graffiti is allowed to remain on property and not is promptly removed, it invites additional graffiti and criminal activity and constitutes a nuisance.

(b) Any property within the city which becomes graffiti nuisance property is in violation of this chapter and subject to its remedies.

(c) Any owner of property who permits said property to be a graffiti nuisance property shall be in violation of this chapter and subject to its remedies. (Ord No. 97-95)

95.645. NOTICE PROCEDURE.

(a) When the Chief of Police believes in good faith that property within the city is a potential public nuisance property, the Chief of Police shall notify the owner and the owner's registered agent under SRC 98.180, if known, in writing that the property is potential graffiti nuisance property. The notice shall contain the following information:

(1) The street address or description sufficient for identification of the property.

(2) That the Chief of Police has found the property to be potential graffiti nuisance property with a concise description of the conditions leading to his/her findings.

(3) A direction to abate the graffiti, or show good cause to the Chief of Police why the owner cannot abate the graffiti, within five city business days from the date of mailing the notice.

(4) That if the graffiti is not abated and good cause for failure to abate is not shown, the council may order abatement, with appropriate conditions. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction.

(5) That the rental dwelling license, if any, of the property is subject to suspension or revocation.

(6) That permitting graffiti nuisance property is an infraction.

(7) That the above remedies are in addition to those otherwise provided by law.

(b) Service of the notice is completed upon mailing the notice first class, postage prepaid, addressed to:

(1) The owner's registered agent under SRC 98.180, if any,

(2) The owner at the address of the property believed to be a potential graffiti nuisance property, and to such other address as shown on the tax rolls of the county in which the property is located or such other place which is believed to give the owner actual notice of the determination by the Chief of Police.

(c) A copy of the notice shall be served on occupants of the property, if different from the owner. Service shall be completed upon mailing the notice first class, postage prepaid, addressed to "occupant" of each unit of the property believed to be a potential graffiti nuisance property.

(d) The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this chapter. (Ord No. 96-95; Ord No. 51-96)

95.650. ABATEMENT PROCEDURES.

(a) Within five city business days of the mailing of the notice the owner shall abate the graffiti or show good cause why the owner cannot abate the graffiti within that time.

(b) Upon good cause shown, the Chief of Police may grant an extension of up to ten additional city business days.

(c) If the owner does not comply with subsection (a) or (b) of this section, the Chief of Police may refer the matter to the council for hearing as a part of its regular agenda at the next succeeding meeting. The City Recorder shall give notice of the hearing to the owner and occupants, if different from the owner. At the time set for hearing the owner and occupants may appear and be heard by the council. The council shall determine whether the property is graffiti nuisance property and whether the owner has complied with subsection (a) and (b) of this section. The city has the burden of showing by a preponderance of the evidence that the property is graffiti nuisance property. The owner has the burden of showing by a preponderance of the evidence that there is good cause for failure to abate the nuisance within five city business days of the mailing of the notice. (Ord No. 96-95; Ord No. 51-96)

95.655. REMEDIES BY COUNCIL.

(a) In the event the council determines that property is graffiti nuisance property, the council may order that the nuisance be abated. The order may include conditions under which abatement is to occur. The council may also employ any other remedy deemed by it to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint in a court of competent jurisdiction.

(b) The remedies in this section are in addition to those otherwise provided by law. (Ord No. 96-95; Ord No. 51-96)

95.660. ABATEMENT BY CITY.

If the owner fails to abate the nuisance as ordered by the council, the city may cause the nuisance to be abated as provided in SRC 45.094 to 45.096, except that the Chief of Police shall be responsible for causing abatement instead of the health officer. (Ord No. 96-95)

95.990. VIOLATIONS.

(a) Violation of SRC 95.010, 95.190, 95.200, 95.210, 95.220, 95.300, 95.340, 95.440, 95.510, 95.520, or 95.530, 95.610 or 95.640 is an infraction.

(b) Violation of SRC 95.580 is a misdemeanor punishable by a fine of not more than $250, imprisonment for a period not to exceed 30 days, or by both such fine and imprisonment.

(c) Violation of any other provision of this chapter is a misdemeanor. (Ord No. 193-79; Ord No. 96-95; Ord No. 23-97)

31.999. SUSPENSION OR REVOCATION OF LICENSE.

(a) In addition to any other ground for suspension or revocation of a license required by SRC 31.993, the following shall be grounds for suspension or revocation of such license as provided in SRC 30.120 and 30.130.

(1) Refusal of the licensee, or of any agent or employee of the licensee, to permit any inspection of the premises mentioned in SRC 31.993 by any inspector charged with the enforcement of the provisions of Titles IV and V of this Code.

(2) Refusal of the licensee, or of any agent or employee of the licensee, to provide reasonable cooperation and assistance to any inspector charged with the enforcement of Titles IV and V of this Code when requested to do so by such inspector in connection with the inspection of the premises mentioned in SRC 31.993.

(3) Permitting a rental dwelling to be a public nuisance property as defined in SRC 98.140.

(b) "Reasonable cooperation and assistance," as used in this section, may include, but is not limited to:

(1) Providing means of ingress and egress to the premises and any part thereof not then in the lawful possession of a tenant at a reasonable time;

(2) Arranging introductions and appointments with tenants or other persons in charge of the premises or any part thereof;

(3) Informing tenants or other persons in charge of the premises that the inspector acts with the consent of the licensee. (Ord No. 123-72;Ord No. 61-78; Ord No. 24-93; Ord No. 96-95; Ord No.2-96)