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Home My WebLink AboutOrdinance-2002-1256 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Rotola Council Bill No 17-2002 Ordinance No 1256 Series of 2002 TITLE. AN ORDINANCE AMENDING CODE OF LAWS SECTION 15- 19; CONCERNING GRAFFITI WHEREAS, the crime of defacing property, popularly known as graffiti, is injurious to the public welfare, and WHEREAS, the City council wishes to enhance enforcement of its anti-graffiti ordinance, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. Code of Laws Section 15-19 is amended to read (a) Defacing property It shall be unlawful for any person to deface or cause, aid in, or permit the defacing of public or private property without prior written consent of the owner by painting, drawing, writing or marking by use of paint, spray paint, ink or by any other method of defacement. "Deface," as used in this section shall include, but not limited to, the writing, painting, inscribing, drawing, scratching, scribbling or any other unauthorized marking upon any wall or surface owned, operated or maintained by any person unless there is written permission for said writing, painting, inscribing, drawing, scr3tching or scribbling. (b) IT SHALL BE UNLAWFUL FOR ANY RESPONSIBLE PARTY TO PERMIT PRIVATE PROPERTY TO BE MAINTAINED IN A DEFACED CONDITION BY ALLOWING TO REMAIN ON SAID PROPERTY, PAINTING, DRAWING, WRITING OR MARKING BY USE OF PAINT, SPRAY PAINT, INK OR BY ANY OTHER METHOD OF DEFACEMENT "DEFACED," AS USED IN THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, THE WRITING, PAINTING, INSCRIBING, DRAWING, SCRATCHING, SCRIBBLING OR ANY OTHER MARKING UPON ANY WALL OR SURFACE OWNED, OPERATED OR MAINTAINED BY SUCH PERSON FAILURE TO REMOVE GRAFFITI WITHIN SEVEN (7) DAYS OF NOTICE WILL RESULT IN THE APCO OFFICER DIRECTING SUCH GRAFFITI TO BE REMOVED AND THE ACTUAL COST OF THE REMOVAL, PLUS ADMINISTRATIVE FEES OF TWENTY-FIVE (25) PERCENT FOR THE FIRST CLEAN UP, FIFTY (50) PERCENT FOR THE SECOND CLEAN UP AND SEVENTY-FIVE (75) PERCENT FOR THE THIRD CLEAN UP WITHIN THE SAME CALENDAR YEAR, PLUS A GED\53027\412481 ,01 FIFTEEN (15) PERCENT FEE IF NOT PAID WITHIN THIRTY (30) DAYS AND A LIEN IS ASSESSED, TO BE CHARGED TO THE RESPONSIBLE PARTY, NOTWITHSTANDING THE PROVISIONS OF SECTION 15- 11 (A). Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Severability: Conflictina Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4. Effective Date This Ordinance shall take effect immediately after final adoption, as provided by Section 5 11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of {; to rL on this 24th day of June ,2002, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for .July 22 , 2002, at 700 o'clock pm., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1 , this 22nd day of July , 2002. SIGNED by the Mayor on this day of _ ,2002 MAYOR VETO JULY 26, 2002. COUNCIL OVERRODE MAYOR'S VETO AUGUST 12, 2002. Gretchen Cerveny, Mayor ATTEST Wanda Sang, City Clerk GED\53027\412481 ,01 First Publication June 27, 2002 Second Publication July 25, 2002 Wheat Ridge Transcript Effective Date July 22, 2002 GED\53027\412481.01 APPWJ~ Gerald E, Dahl, City Attorney REPUBLISHED IN IT'S ENTIRETY AUGUST 15. 2002 REQUEST FOR COUNCIL ACTION AGENDA ITEM: ~ August 12, 2002 PUBLIC HEARINGS X- BIDS/MOTIONS RESOLUTIONS _ ORDINANCES FOR 1ST READING (Date: ORDINANCES FOR 2ND READING ) Yes X No Quasi-Judicial: SUBJECT: Override Mayor's Veto SUMMARY AND BACKGROUND: On July 26, 2002, the Mayor submitted official notification of her veto of City Council action July 22,2002, to adopt on [mal reading, Ordinance No, 1256 (Council Bill 17-2002). Ordinance No. 1256 would amend Chapter 15-19 ofthe Code of Ordinances pertaining to defaced property and graffiti. The proposed changes would make it an offense to allow graffiti or a defaced property to exist. Charter Section 5,14(c) provides for the Mayor's veto to be overridden by the City Council only by an affIrmative vote of three-fourths (3/4) ofthe entire Council at the next regular meeting following the veto, ATTACHMENTS: 1. Letter of veto notification dated 7-26-02 2. Council Bill 17-2002 BUDGET IMP ACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 IBudget Account No.: STAFF RECOMMENDATION: None. ORIGINATED BY: CIty Council STAFF RESPONSIBLE: Wanda Sang, City Clerk SUGGESTED MOTION: "I move to override the Mayor's veto of Council Bill 17-2002, thereby allowing Ordinance No, 1256 to take effect immediately," C'\MyFlles\CounClI Reports\ovemde ofrnavor's veto wpd mAYOR GRETCHEN CERVENy- 3425 Moore St. Wheat Ridge, Colorado 80033-5533 vOIce: 303.233,1506 fax: 303,233, 58 cell: 303 378.8887 TO: Wheat Ridge City Council FROM Mayor Gretchen Cerve DATE July 26,2002 This is your official notification that I am vetoing Ordinance # 1256 (Council Bill #172-2002) which Council passed on Monday, July 22 2002, In good conscience I can not sign this Ordinance, I feel that, as written, it is not in the best interests of all of the citizens of Wheat Ridge, It is my goal, as it is with Council, to keep "Wheat Ridge a nice place to live and work" Graffiti is a symbol, and sends the message that no one cares about Wheat Ridge. I feel strongly that graffiti should be removed as quickly as possible. It has been shown that the faster graffiti is removed the less desirable the spot becomes for graffiti because the message isn't seen by many people. I am vetoing this ordinance because, as written: 1, It further penalizes the property owner who was victimized by the graffiti. 2, By giving only seven days from the time of notice, the property owner does not have reasonable time to clean up the graffiti before the city orders cleanup and sends the bill to the property owner, An out of town property owner might not get the written notice until five or six days after the notice is mailed. Then they would have to figure out who to call in the Denver Area to clean it up. The "responsible party" could even be on a two week vacation. * I feel fourteen days from the time of notice is more reasonable and proper, 3, If the City has to order the clean up, an administrative fee, in addition to the cost of clean up, unfairly penalizes a conscientious property owner, * I would agree to an additional fixed fee or cost for the second or third violation of not removing the graffiti within 14 days of notice 4, By deftning the additional fee as a percentage of administrative costs, it leave potential costs to the property owner open ended, The most effective way to rid the City of graffiti is for the City to clean it up as soon as it is reported, However, at the present time the City is struggling fmancially to provide the services it now provides. I cannot in good conscience recommend the City take on the additional fmanciaI burden of cleaning up the graffiti on property it does not own, WlAYOR GRETCHEN CERVEN\'- 3425 Moore St. Wheat Ridge, Colorado 80033-5533 vOice: 303.233.1506 fax: 303,233.4668 cell: 303 378.8887 Following is my recommendation for amending Council Bill # 17-2002 concerning Graffiti Under Section 1 (b) strike the language on the lOth line after the word "person" thru the word "party" on line 3 ofthe second page. Insert after the word "party", NOT WITHSTANDING THE NOTICE REQUIREMENTS OF SECTION 15-(A) FAILURE TO REMOVE GRAFFITI WITHIN (14) DAYS OF NOTICE BEING MAILED BY CERTIFIED MAIL TO THE PROPERTY OWNER OR THE RESPONSIBLE PARTY WILL RESULT IN THE APCO OFFICER DIRECTING SUCH GRAFFITI TO BE REMOVED. FOR THE FIRST OFFENSE THE PROPERTY OWNER WILL BE BILLED ONLY FOR THE ACTUAL COST OF CLEANUP OF THE GRAFFITI. FOR THE SECOND OFFENSE WITHIN THE SAME CALENDAR YEAR, OF NOT CLEANING UP THE GRAFFITI WITHIN FOURTEEN (14)DA YS, THE PROPERTY OWNER/RESPONSIBLE PARTY WILL BE BILLED ADMINISTRATIVE COSTS OF UP TO $100,00 IN ADDITION TO THE ACTUAL COST OF CLEANUP. FOR THE THIRD OFFENSE WITHIN THE SAME CALENDAR YEAR, OF NOT CLEANING UP THE GRAFFITI WITHIN FOURTEEN (14) DAYS, THE PROPERTY OWNER WILL BE BILLED ADMNISTRATIVE COSTS OF UP TO $300,00 IN ADDITION TO THE ACTUAL COST OF CLEANUP, IN ALL CASES A FIFTEEN (15) PERCENT FEE AND A LIEN AGAINST THE PROPERTY WILL BE CHARGED IF THE CHARGES ARE NOT PAID WITHIN THIRTY (30) DAYS, The following would remain NOT WITHSTANDING THE PROVISIONS OF SECTION 15-11 (A). This language, in addition to meeting my policy objections, is the language that will be written on the \\ official written notice", This language would make the "official notice" clearer to the person that receives it, so he knows what he needs to do. Thank you for your consideration For your information: This will be the fIrst item on the agenda, before any public hearings. The motion that passed on July 22, 2002 will be the one that will be debated, amended, or left in the same form as July 22, 2002. Six votes are needed to override a veto,