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G38-95 CITY OF ELGIN ORDINANCE NO. G38-95 AN ORDINANCE AMENDING TITLE 9 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 9 . 17 ENTITLED "GRAFFITI" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of June, 1995 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on June 14, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G38-95, entitled An Ordinance Amending Title 9 of the Elgin Municipal Code, 1976, as Amended, by Adding Chapter 9 . 17 Entitled "Graffiti" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G38-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 15, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 15, 1995 . Municipal Clerk (SEAL) ela'. Ordinance No. G38-95 AN ORDINANCE AMENDING TITLE 9 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 9 . 17 ENTITLED "GRAFFITI" WHEREAS, the City of Elgin is a home rule unit by virtue of the provisions of the 1970 Constitution of the State of Illinois; and WHEREAS, the City of Elgin as a home rule unit may exercise power and perform any function pertaining to its government and affairs, including the power to regulate for the protection of the public safety, morals and welfare; and WHEREAS, the violation of ordinances regulating the removal from the exterior of buildings displays of vandalism or graffiti effect the public ' s safety, morals and welfare by representing and encouraging other unlawful activities, diminishing the aesthetic values of that neighborhood and reducing the property values in that area; and The adoption of an ordinance declaring graffiti to be a nuisance and providing for the procedures to abate same pertains to the government and affairs of the City of Elgin. (ft. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN: Section 1 . That Title 9 entitled "Health and Safety" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Chapter 9 . 17 entitled "Graffiti" , to read as follows : "CHAPTER 9 . 17 GRAFFITI 9 . 17 . 010 GRAFFITI DEFINED. "Graffiti" shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are scratched, scrawled, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb or other permanent structure on public or private property and which have the effect of defacing the property. 9 . 17 . 020 NUISANCE DECLARATION--PROHIBITION. few Graffiti is declared to be a nuisance. It is declared to be illegal for the owners of any real estate to permit upon or otherwise fail to remove graffiti from any such real estate. 9 . 17 . 030 REMOVAL. If the owner of any real estate permits or otherwise fails to remove graffiti, the city shall be entitled to enter onto any such real estate and remove such graffiti upon ten ( 10) days ' written notice, sent by certified mail, return receipt requested in addition to the imposition of any other applicable rights and penalties . Such notice shall advise the property owner that unless the subject graffiti nuisance is abated or unless the property owner objects to the entry onto the subject property in writing to the Director of Code Administration and Preservation on or before a date certain, which date shall not be less than ten ( 10) days from the date of mailing, the city shall enter onto the subject property and abate the nuisance as provided herein. In the event of a timely written objection as provided herein, the city shall file an action in the circuit court complaining of a violation of the provisions of this chapter, and requesting an order authorizing entry onto the subject property to remove the graffiti and for such other relief as may be provided by law. 9 . 17 . 040 LIEN. Except as provided in Section 9 . 17 . 060, if graffiti is removed by the city or by someone directed to remove the graffiti on behalf of the city, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the following manner: The city or the person performing the service by authority of the city, in its or his own name, may file notice of lien in the office of the recorder of deeds in the county in which said real estate is located. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said cost and expense was incurred by the city, and shall be filed within sixty days after the cost and expense is incurred. For the purpose of this chapter, cost and expense shall be a sum equal to the actual cost of rft. graffiti removal plus an administrative fee equal to the actual cost of graffiti removal, but not less than fifty dollars nor more than two hundred fifty /° dollars, to cover general overhead, inspection expenses, location of and notice to owner, and incidental and related actions . Upon filing of a notice of lien as provided herein, the city shall have a lien upon the land described therein and upon which the graffiti removal or other service have been made to secure cost and expenses thereof and nine percent interest per year on the amount, which interest shall begin accruing sixty days after the cost is incurred. Such lien shall be in addition to and shall not constitute a waiver of any additional penalties, including but not limited to fines, as may be available by law. 9 . 17 . 050 RELEASE OF LIEN. After notice of lien has been filed a release of lien shall be issued upon payment of the cost, expenses and interest as provided herein. The party seeking the release shall be responsible for filing same in the office of the recorder of deeds for the appropriate county. 9 . 17 . 060 VOLUNTARY GRAFFITI ABATEMENT PROGRAM. low The owner of any real estate may enter into the voluntary graffiti abatement program. To enter into said program, the owner of real estate shall execute a written agreement with the city which authorizes the city to enter onto a subject property at any time graffiti appears thereon. Such agreement will also provide that the owner agrees to release and hold harmless the city and the city' s agent or contractor from any claims for damages resulting from working or otherwise removing graffiti on a property. Graffiti removal done pursuant to the voluntary graffiti abatement program shall be done free of charge to the owner of the real estate. 9 . 17 . 070 ENFORCEMENT. It shall be the duty of the Director of the Department of Code Administration and Preservation to enforce the provisions of this chapter and to administer the preparation and filing of all notices and demands provided herein. 9 . 17 . 080 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this chapter shall be fined as provided in Chapter 1 .20 of this code. Any such fine shall be in addition to the obligation to pay the costs of graffiti removal as provided in this chapter. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect 10 days after its passage and publication in pamphlet form by the authority of the City Council . z"/ Kevin Kelly, Mayo Presented: June 14, 1995 Passed: June 14, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: June 15, 1995 Published: June 15, 1995 Attest: Dolonna Mecum, City Clerk