§ 6-1004. Removal of Graffiti.  


Latest version.
  • 1. 
    Removal by the perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within 24 hours after written notice by the Borough. A copy of the written notice shall also be sent to the property owner.
    A. 
    The notice shall contain the following information:
    (1) 
    The street address and legal description of the property sufficient for identification of the property;
    (2) 
    Contact information for the property owner;
    (3) 
    A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding and a statement of the Code sections the potential graffiti nuisance violates;
    (4) 
    A statement that the graffiti must be removed within 24 hours after receipt of the notice and that if the graffiti is not abated within that time, the Borough may declare the property a public nuisance, subject to abatement procedures.
    (5) 
    An information sheet identifying any graffiti removal assistance programs available through the Borough and private graffiti removal contractors.
    B. 
    Such removal shall be done in a manner prescribed by the Borough Manager, Director of Public Works, Youth Aid Panel and/or the Beautification Committee. Any person applying graffiti shall be responsible for the removal or for the payment of the removal by the Public Works Department. Failure of any person to remove graffiti or pay for the removal shall constitute a violation of this Part.
    2. 
    Removal by the property owner. If graffiti is not removed by the perpetrator, graffiti shall be removed by the property owner pursuant to the following provisions:
    A. 
    It is unlawful for any person who is the owner to permit property that is defaced with graffiti to remain defaced for a period of 15 days after service by first class mail of notice of the defacement by the Borough. The notice shall contain the following information:
    (1) 
    The street address and legal description of the property sufficient for identification of the property;
    (2) 
    A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding and a statement of the Code sections the potential graffiti nuisance violates;
    (3) 
    A statement that the graffiti must be removed within 15 days after receipt of the notice and that if the graffiti is not abated within that time, the Borough will declare the property a public nuisance, subject to abatement procedures.
    (4) 
    An information sheet identifying any graffiti removal assistance programs available through the Borough and private graffiti removal contractors.
    B. 
    The removal requirements above shall not apply if the property owner can demonstrate that:
    (1) 
    The property owner or responsible party lacks the financial ability to remove the defacing graffiti and the Borough is willing, at its sole discretion, to utilize public funds for the removal; or
    (2) 
    The property owner has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service by first class mail of notice of the defacement.
    3. 
    Removal by the Borough.
    A. 
    Whenever the Borough is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the Borough may, but is not obligated to, authorize the use of public funds for the removal of the graffiti. It shall not authorize or undertake to provide for the painting or repair of any area greater than that where the graffiti is affixed, unless the Borough Manager, or the designee of the Borough Manager, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community or unless the property owner agrees in writing to pay for the costs of repainting or repairing the more extensive area.
    B. 
    Prior to entering upon private property or property owned by a public entity other than the Borough for the purpose of graffiti removal the Borough shall possess a court order permitting the entry and abatement or shall secure the consent of the property owner and a release of the Borough from liability for property damage or personal injury.
    C. 
    If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Part, or if the Borough has requested consent to remove or paint over the offending graffiti and the property owner has refused consent for entry on terms acceptable to the Borough and consistent with the terms of this Section, the Borough shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below.
Ord. 2231, 4/8/2014, § 1