HomeMy WebLinkAboutOrdinances - MC-09-996 - 11/30/2009 - AMEND MC CH 14 DAMAGING PROPERTY AND GRAFFITIOrdinance No MC-09-996
An Ordinance amending
Chapter 14 Sect 14-32 of the City of McHenry Municipal Code
Relating to Damaging Property and Graffiti
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY., McHenry
County, Illinois as follows:
SECTION 1: That Chapter 14 Offenses — Miscellaneous, Article I In General,
Section 14-32 Damaging Property of the City of McHenry Municipal Code; is hereby
amended by repealing it in its entirety and replacing it with the following:
Sec. 14-32. Graffiti and Damage to Property.
(A)Graffiti and Damage to Property Prohibited. It shall be unlawful, and is hereby
declared a nuisance to place graffiti upon any public or private curb stone,
flagstone, brick, sidewalk or any portion of any part of any sidewalk or street, or
upon any tree, lamp post, telephone pole, utility box, utility pole, stanchion, postal
mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure,
vehicle, bridge, pier or upon any other public or private structure or building. It
shall also be unlawful, and is hereby declared a nuisance, to actively damage,
befoul, disturb, destroy or deface any City property or any public or private
properly without permission of the owner. A violation of this subsection is an
ordinance violation with a minimum fine of $400. Restitution by the violator
shall also be made to the owner of any property damaged or destroyed. Nothing
herein shall preclude such additional civil remedies available to the person whose
properly has been damaged or destroyed.
(B) Graffiti Defined. Graffiti is any permanent display of any name, identification,
letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle,
delineation, illustration, symbol or any combination thereof, which without
authorization, or, despite advance authorization, is marked, written, drawn,
painted, scratched, inscribed or affixed, and which is a different color from the
color of the exterior of those objects or structures described above and to which is
affixed. Graffiti shall not include any sign, marking, or communication permitted
or required to be permitted by law and inscribed, placed, or otherwise displayed
with the permission of the landowner.
(C)Removal of Graffiti by Property Owner or the City.
Property Owner Responsibility. It shall be unlawful for any person who is the
owner or who has primary responsibility for control of the property or for repair
or maintenance of property in the City to permit property that is defaced with
graffiti or otherwise damaged in violation of subsection (A) above to remain
defaced or damaged for a period of two days after written notice of the
defacement violation has been provided by the City with the ability of a time
extension being granted if the property owner contacts the Department of
Construction and Neighborhood Services within the specified time frame Said
written notice shall contain the following information:
i. The street address or legal description of the property sufficient for
identification of the property;
ii. A statement that the graffiti must be removed or the damage fired within
two days after receipt of the written notice; and
iii. If the graffiti or damage is not abated within the specified time frame, the
City will declare the property to be a public nuisance, subject to abatement
procedures.
1. Exception to Property Owners Responsibility. The removal requirement of
Subsection 14-32.1(C) shall not apply if, in the City's discretion, the property
owner has demonstrated that:
i. An extension of the time is needed due to weather, temperature or physical
limitations. An extension of time may be granted by the City upon
application of the property owner to and approval by the Director of
Construction and Neighborhood Services and/or his designee; or
ii. The property owner or responsible party has an active program for the
removal of graffiti and has scheduled the removal of the graffiti as part of
the program; however, it shall be unlawful to permit such property to
remain defaced for a period of seven days after service of written notice;
or
iii. The property damage in question is not the result of an intentional act of
property damage but rather due to general neglect in maintaining the
property, or due to a weather event or other natural or accidental cause. In
such a case, the City shall determine if the property otherwise violates
City codes on property maintenance, and shall determine whether to issue
a citation to the owner based on the above violation.
2. Abatement by the City upon noncompliance.
Any property owner who fails to remove graffiti or otherwise repair
property damage within two days after receiving written notice from the
City shall receive a non -traffic citation and notice to appear at an
Adjudication Hearing for a violation of this Chapter 14 Subsection 14-
32.1(C).
ii. Upon the failure of any owner or agent so notified to remove graffiti or
otherwise repair property damage, the Director of Construction and
Neighborhood Services is hereby authorized and empowered to pay for the
removal or to order the removal by the City; upon which the City will use
all powers available to recoup expenses/costs incurred by said abatement
for noncompliance.
SECTION 2: That Chapter 1 General Provisions of the City of McHenry
Municipal Code, Section 1-12 Settlement of Offenses, Sub -Section A. Payments be
amended by adding the following to the table contained therein:
SECTION OFFENSE COLUMN A COLUMN B
14-32(C) Failure to remove graffiti $50 $100
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision
of this Ordinance shall be adjudged by any Court of competent jurisdiction to be
invalidate or nullify the remainder thereof, which remainder shall remain and continue in
full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
Passed and Approved this 301h day of November, 2009.
Voting Aye- Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Absent: None.
Abstain: None.
2:'Z
\XIx-
ayor
(SEAL)
ATTEST: (l
City Cler