Agenda Package - 06-01-09 - Laserfiche WebLink

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6 P0 Town of North Wilkesboro Ordinance for the removal of graffiti Purpose and intent. The purpose and intent of this article is to provide for the expeditious removal of graffiti on private property within the town. The town council declares such graffiti to be a nuisance by undermining (1) the quality of urban attractiveness and the aesthetic appearance of the town, (2) the protection of'property values, (3) the preservation of the livability and attractiveness of neighborhoods, and (4) the promotion of opportunities for economic development of the town. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Graffiti means any 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 private property, natural or manmade and that is exposed to public view, without the prior written consent of the property owner delivered to the person placing the graffiti on the property. Private properly means any privately owned real property, including any fixtures or improvements to such property, located within the town's limits. Property owner means the owner of the private property, such owner's manager or agent, or any other person in lawful control or possession of the property. Removal ofgraffai means the use of any method that has the effect of obscuring, erasing or otherwise removing the graffiti from public view. Failure to remove graffiti unlawful. It is unlawful for any property owner to fail to remove, or fail to cause the removal of, graffiti in accordance with the following section of this article. Procedures for removal of graffiti. (a) Within thirty (30) days after the property owner discovers the existence of graffiti on his private property or within thirty (30) days after the property owner receives written notice from the town by registered or certified mail, return receipt requested, of the existence of graffiti on the owner's property, whichever event occurs earlier, the property owner shall remove or cause the graffiti to be removed from his property in accordance with paragraph (b) of this section. (b) The property owner shall either (1) remove the graffiti at the owner's expense, or (2) authorize the town to remove the graffiti at its own expense by signing an authorization of removal on a form prescribed by the town manager, along with a release that holds the town harmless from any liability to the owner on account of the town's removal of the graffiti in accordance with the removal method specified in the authorization of removal. • (c) In the event the property owner authorizes the town to remove the graffiti at its own expense in accordance with subparagraph (b)(2) of this section, the town shall not be required to rectify