ORD 34479 - Amend chapter 18 of municipal code re graffiti Q DAHA,NFb
�, � Law Department
u `'^� r.C, v 98 ,�il26 A' Omaha/Douglas Civic Center
Z �fiil�',� .kjN r# #�� 3 1819 Farnam Street,Suite 804
i.0 _ .T%" ( Omaha,Nebraska 68183 0804
o yro a ._ z (402)444-5115
��T FEW) �'�!` '�14, }1 !. ''•1?r' a Telefax(402)444-5125
EDFEBR s�.�,:�, +�
City of Omaha Herbert M.Fide
Hal Daub,Mayor City Attorney
Honorable President
and Members of the City Council,
The purpose of the attached Ordinance, prepared at the request of Councilmember
Subby Anzaldo, is to revise Section 18-65 of the Omaha Municipal Code to shorten
the time period in which a property owner shall have to remove graffiti after the date
of notice from 30 days to 7 days. This Ordinance also shortens the 10 day period to
appeal to a 7 day period to appeal such notice.
Res ectfully submitted,
ai2'i4,, ' 7LeL—
Rosemarie B. Lee
Associate City Attorney
P:\LAW\7272.SKZ
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. .
ORDINANCE NO. .3079 ,6 7ii0/'..el-ey4
1 AN ORDINANCE to amend Article VII,of Chapter 18 of the Omaha Municipal Code dealing with
2 graffiti;to amend Section 18-62 of the Omaha Municipal Code, entitled: "Definitions."; to
3 amend Section 18-65 of the Omaha Municipal Code, entitled: "Notice to remove";to repeal
4 Sections 18-62 and 18-65 of the Omaha Municipal Code as heretofore existing; and, to
5 provide the effective date hereof -
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. Section 18-62 of the Omaha Municipal Code is hereby amended to read as
•8 `follows`: -
9 Section 18-62. Definitions.
10 'Whenever the following terms are used in this article;they-shall haven
11 the meanings established by this section: -
•
I
12 (a) Graffiti means the defacing, damaging or destroying by the
13 spraying of paint or marking of ink, chalk, dye or other
14 - - similar substances on public and private buildings, structures,, •
15 and places.
16 (b) Graffiti abatement procedure means an abatement procedure
17 which identifies graffiti;to the property owner,issues notice
18 to the property owner, allows the property owner to grant
19 permission to the city to abate the graffiti at no expense to the
20 owner, or to elect to abate the graffiti at owner's expense or
21 upon failure to abate at owner's expense within_seven (7)
22 calendar days of notification.the City subsequently abates the
23 graffiti in the absence of the owner response,and the property
24 owner is responsible for the cost of the City's expense of the
25 abatement.
26 absence of response.
27 (c) Private contractor means any person with whom the city
28 shall have duly contracted to remove graffiti. .
t . a9
ORDINANCE NO. r 3#99
Page 2
1 (d) City forces means City employees and equipment available to
2 abate graffiti.
3 Section 2. Section 18-65 of the Omaha Municipal Code is hereby amended to read as
4 follows:
5 Section 18-65. Notice to remove.
6
7 ,
8
9
10
11 of exterior 'surfaces, the public works director or his designated
12 . .. _..,_
13 -
14
15 the city.
16 , Whenever a property owner,citizen or City official determines that
17 graffiti exists on any public or private building, structure and places
18 which are visible to any person utilizing any public right-of-way,he •
19 shall notify the Omaha Police Department and the City of Omaha
20 Public Works Director or their designated representatives. Further;
21 if seasonal temperatures permit the painting or abating of exterior
22 surfaces,the Public Works Director or his designated representative
23 is authorized and directed to obtain a signed "Notification. Consent
24 and Release of Liability Form"or cause a notice to be issued to abate
25 such nuisance and the City's intent to remove the graffiti within seven
26 (7) days, and to cause the graffiti to be abated by City forces or
27 private contract at no expense to the owner,and the City or its private
28 contractor is expressly authorized to enter upon such premises for
29 such purpose. The property owner shall have seven(7)calendar days
30 after the date of the notice to remove the graffiti, or the conditions
31 will be subject to abatement by the City at the owner's expense.
32 The notice to abate graffiti pursuant to this section shall cause a
33 written notice to be served upon the owner(s) of the affected
34 premises, as such owner's name and address appears on the last
35 property tax assessment rolls of the county. if there is no known
36 address for the owner,the notice shall be sent in care of the property
•
•
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ORDINANCE NO. _c*f9y
Page 3
1 address. The notice required by this section may be served in any one
2 of the following manners:
3 a. By personal service on the owner, occupant or person in
4 charge or control of the property.
5 b. By registered or certified mail addressed to the owner at the
6 owner's last-known address. If this address is unknown,the
7 notice will be sent to the property address.
8 The noticc shall be substantially in thc following form:
9 NOTICE OF INTENT TO REMOVE GRAFFITI
10 Date:
11 Notice is hcrcby given that you arc required by law at your cxpcnsc to remove or paint over
12 thc graffiti located on thc property commonly known as ,Omaha,Nebraska,which
13 atc-of this notice; or, if you fail to do so,
14
15 abate the public nuisance by removal or painting over the graffiti. The cost of the abatement
16 by the city employees or its private contractors will be assessed upon your property and such
17
18 All persons having any objection to or interest in said matters arc hereby notified to submit
19 any objections or comments to thc public works director of the City of Omaha or his/her
20 designated representative within ten days from the date of this notice. At the conclusion of
21
22 property at your cxpcnsc without further notice.
23 All reasonable efforts to minimize damage from such entry shall be
24 taken by the City, and any paint or other abatement methods used to
25 obliterate graffiti shall be as close as practicable to background
26 color(s). If the Public Works Director provides for the removal of the
27 graffiti or other inscribed material, he shall not authorize nor
28 undertake to provide for the painting or repair of any more extensive
29 area than that where the graffiti or other inscribed material is located.
30 Section 3. Sections 18-62 and 18-65 of the Omaha Municipal Code, as existing, are hereby
31 repealed.
r
•
ORDINANCE NO. 4/99 •
Page 4
1 Section 4. This Ordinance shall be in full force and take effect May 1, 1998.
INTRODUCE BY COUNCILMEMBER:
16.
APPROVE r BY:
♦f
fc /
/ i - */e=•
��� R OF THE CITY OF OMAHA DATE
PASSED FEB 2 4 1998 5 Chi l�/I /
4/Ifirao
ATTEST:
CI"l CLERK OF THE CITY OF OMAHA
APPROVED AS TO FORM:
Tfzed/ 0/25// e?
AS OCIATE CITY ATTORNEY DATE
P:\LAW\7393.SKZ
f 7
•
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MOTION BY COUNCILMEMBERS ANZALDO AND KONECK
I hereby move that Council Document No. 7 , Current Series, be amended in the
whole by deleting the Ordinance in its entirety and substituting in lieu thereof the attached
Ordinance.
AP OVED AS TO FORM:
, ?A (6( 6
A TANT CITY ATTORNEY DATE
P:\LAW\7392.SKZ
ORDINANCE NO.
1 AN ORDINANCE to amend Article VII, of Chapter 18 of the Omaha Municipal Code dealing with
2 graffiti;to amend Section 18-62 of the Omaha Municipal Code, entitled: "Definitions."; to
3 amend Section 18-65 of the Omaha Municipal Code, entitled: "Notice to remove"; to repeal
4 Sections 18-62 and 18-65 of the Omaha Municipal Code as heretofore existing; and, to
5 provide the effective date hereof.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
7 Section 1. Section 18-62 of the Omaha Municipal Code is hereby amended to read as
8 follows:
9 Section 18-62. Definitions.
10 Whenever the following terms are used in this article, they shall have
11 the meanings established by this section:
12 (a) Graffiti means the defacing, damaging or destroying by the
13 spraying of paint or marking of ink, chalk, dye or other
14 similar substances on public and private buildings, structures
15 and places.
16 (b) Graffiti abatement procedure means an abatement procedure
17 which identifies graffiti;to the property owner,issues notice
18 to the property owner, allows the property owner to grant
19 permission to the city to abate the graffiti at no expense to the
20 owner, or to elect to abate the graffiti at owner's expense or
21 upon failure to abate at owner's expense within seven (7)
22 calendar days of notification,the City subsequently abates the
23 graffiti in the absence of the owner response, and the property
24 owner is responsible for the cost of the City's expense of the
25 abatement_ landowner to abate the graffiti, and cures in
26 absence of response.
27 (c) Private contractor means any person with whom the city
28 shall have duly contracted to remove graffiti.
.
• 6
ORDINANCE NO.
Page 2
1 City forces means City employees and equipment available to
2 abate graffiti.
3 Section 2. Section 18-65 of the Omaha Municipal Code is hereby amended to read as
4 follows:
5 Section 18-65. Notice to remove.
6
7 ,
8
9 arkway, alley, or
10 ,
11 of cxtcrior surfaces, the public works director or his designated
12 representative shall cause a notice to be issued to abate such nuisance.
13 • The property owner shall have 30 days after the date of this notice to
14
15 the city.
16 Whenever a property owner, citizen or City official determines that
17 graffiti exists on any public or private building, structure and places
18 which are visible to any person utilizing any public right-of-way,he
19 shall notify the Omaha Police Department and the City of Omaha
20 Public Works Director or their designated representatives. Further,
21 if seasonal temperatures permit the painting or abating of exterior
22 surfaces, the Public Works Director or his designated representative
23 is authorized and directed to obtain a signed "Notification, Consent
24 and Release of Liability Form" or cause a notice to be issued to abate
25 such nuisance and the City's intent to remove the graffiti within seven
26- (7) days, and to cause the graffiti to be abated by City forces or
27 private contract at no expense to the owner,and the City or its private
28 .contractor is expressly authorized to enter upon such premises for
29 such purpose. The property owner shall have seven(7) calendar days
30 after the date of the notice to remove the graffiti, or the conditions
31 will be subject to abatement by the City at the owner's expense.
32 The notice to abate graffiti pursuant to this section shall cause a
33 written notice to be served upon the owner(s) of the affected
34 premises, as such owner's name and address appears on the last
35 property tax assessment rolls of the county. if there is no known
36 address for the owner,the notice shall be sent in care of the property
•
ORDINANCE NO.
Page 4
1 Section 4. This Ordinance shall be in full force and take effect May 1, 1998.
INTRODUCED BY COUNCILMEMBER:
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DA IL
PASSED
ATTEST:
CITY CLERK OF THE CITY OF OMAHA
APPROVED AS TO FORM:
0,(1eX Z/2 Si/ -2
AS OCIATE CITY ATTORNEY DATE
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•
REQUEST TO LAW DEPARTMENT
• FOR LAW DEPARTMENT USE ONLY
LOG BOOK #
TO: CITY ATTORNEY DATE ASSIGNED
ASSIGNED TO I U
CO
DATE: February 18, 1998 ANSWERED/SENT OUT a.
WITHDRAWN rn 1
(--)
REQUEST BEING MADE BY: On behalf of Councilmembers Anzaldo and K%heckco m
Warren Weaver, Council Staff Assistant 3 6298a m
(Name) (Department) 1Phoneb
c.n,
TIME LINE (Due Date): Council Agenda of February 24, 1998
REQUEST FOR: Amendment of the Whole - Graffiti Abatement _
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmembers Anzaldo and Koneck request the Law Department prepare the necessary
Amendment of the Whole to Sections 18-62, 18-65, 18-66, 18-67, 18-68 and 18-69,
Graffiti Abatement, and to place this Amendment on the February 24, 1998, Agenda.
The Ordinance on third reading revising Section 2-185 will still be required.
Council Staff drafted the new amendments, and is requesting that the Law Department
determine the appropriate language to convey the intent of the Councilmembers. If there
are any questions about these changes to the proposed program, please call Council
Staff.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
wk
c: Councilmembers; City Clerk; Don Elliott-Public Works Director; Police Chief Circo; Brinker
Harding-Mayor's Office; Council Staff
•
•
•
Graffiti Proposal
• (Councilmembers Anzaldo and Koneck)
Section 18-60 OK
Section 18-61 OK
Section 18-62 (a) OK
(New) Section 18-62 (b) - Graffiti abatement procedure means an abatement
procedure which identifies graffiti to the property owner, the owner grants
permission to the City to abate the graffiti at no expense to the owner, or elects
to abate the graffiti at owner's expense, or upon failure to abate at owner's
expense within seven (7) calendar days of notification, the City subsequently
abates the graffiti in the absence of owner response, " and the owner is
responsible for the cost of City's expense of the abatement.
Section 18-62 (c) OK
(New) Section 18-62(d) - City forces means City employees and equipment
available to abate the graffiti.
Section 18-63 OK
Section 18-64 OK
Section 18-65 - Removal by City. Whenever a property owner, citizen or City
official determines that graffiti exists on any public or private building,
structure and places which are visible to any person utilizing any public right-
of-way, he shall notify the Omaha Police Department and the City of Omaha
Public Works Director or their designated representatives. Further, if seasonal
temperatures permit the painting or abating of exterior surfaces, the Public
Works Director or his designated representative is authorized and directed to
obtain a signed "Notification, Consent and Release of Liability Form" or post
notice of the graffiti and the City's intent to remove the graffiti within seven (7)
days, and to cause that graffiti to be abated by City forces or private contract at
no expense to the owner, and the City or its private contractor is expressly
authorized to enter upon the premises for such purpose. All reasonable efforts
to minimize damage from such entry shall be taken by the City, and any paint
or other abatement methods used to obliterate graffiti shall be as close as
practicable to background color(s). If the Public Works Director provides for
the removal of the graffiti or other inscribed material, he shall not authorize
nor undertake to provide for the painting or repair of any more extensive area
than that where the graffiti or other inscribed material is located.
1
•
•
•
(New) Section 18-66 - Private Property Owner Notification; Consent and Release
• from Liability Forms. When the Public Works Director, or his designated
representative, becomes aware of a location with graffiti, immediate
administrative steps shall be taken to identify the legal owner of record. The
City representative will make every effort to contact the owner immediately, to
include a visit to the structure or location where a notice may be posted, in
addition to other notification methods. For the purpose of the graffiti
abatement, notification or posted notice timelines will start once the owner has
been given notice of the graffiti on his/her property, and the notification,
consent and release from liability form is signed, or the notice is posted and left
at the property. A written Notification, Consent and Release from Liability
Form may be signed by the property owner and abatement can proceed
immediately, or a notice is posted and left at the property for seven (7) days,
before further action can be taken.
The Consent and Release from Liability Forms shall identify the legal owner,
the property address and the specific location of the graffiti proposed to be
abated. The form shall specify the method of abatement (i.e., over-paint;
sanding; sandblasting; or other, with general description). The form shall offer
the property owner the choice to consent to abatement by City forces or private
contractor and release from liability for the City to take immediate steps to
abate the graffiti (weather conditions permitting) at no cost to the owner, or to
decline the City offer, at which time the property owner shall have seven (7)
calendar days to abate the graffiti at owner's expense. Failure to do so within
seven (7) calendar days of notification or posted notification means the City is
expressly authorized to enter the property and abate the graffiti by the method
proposed by the initial offer.
When the owner declines the City's offer to abate the graffiti at City expense
and then subsequently fails to comply within seven (7) days, or fails to
acknowledge receipt of notification within seven (7) days, the expense of
abatement shall be at owner's expense. If there is no acknowledgement of the
notice of graffiti within seven (7) days, the City shall be authorized to enter the
property for the purpose of graffiti abatement and the expense shall be charged
to the owner. Any and all costs incurred by the City in the abatement of the
graffiti under this provision of this article may constitute a lien against the
property upon which such nuisance existed.
Section 18-67 - Removal by City. Once the proper documentation is properly
signed or the seven (7) calendar days after owner notification has been posted
and not acted upon, abatement by City forces or privately contracted forces can
commence immediately. All reasonable efforts to minimize damage from such
entry shall be taken by the City, and any paint used to obliterate graffiti shall
be as close as practicable to background color(s).
2
•
If the Public Works Director provides for the removal of the graffiti or other
inscribed material, he shall not authorize nor undertake to provide for the
painting or repair of any more extensive area than that where the graffiti or
other inscribed material is located.
(New) Section 18-68 - Appeals. Within seven (7) days of notification of graffiti,
as defined in this Article, the owner may appeal the process herein outlined, in
writing, to the Administrative Board of Appeals. A copy of such appeal will also
be sent to the Public Works Director or his designated representative as shown
on the Notification, Consent and Release from Liability Form.
Section 18-69 Deleted, Reserved.
Section 18-70 — 18-80 Reserved.
3
•
• • § 18-53 OMAHA CODE
• C•
The costs of such removal within the city may less desirable place to be. The city council there-
be specially assessed against said property in the fore determines that it is appropriate that the city
manner generally provided by law and regularly develop procedures to implement the provisions of
used with respect to the removal of litter. the Revised Statutes of Nebraska, 1943, as
(Code 1980, § 18-53) amended, and provide for the removal of graffiti
and other inscribed material from both public and
Sec. 18-54. Remedy not exclusive. private property under the circumstances set forth
The remedy provided to the city for the removal hereinafter.
of such litter and assessment of the costs thereof The city council hereby declares as a matter of
shall not be deemed the exclusive remedy to the legislative determination that:
city for such violations, but all of such acts shall (1) The increasing incidents of the defacement
remain enforceable as other violations of this of public and private property through the
Code, and the penalties described or applicable application of graffiti upon walls, rocks,
thereto may be applied in lieu of or in addition to bridges,buildings,fences,gates,other struc-
the remedies provided herein. tures, trees, and other real and personal.
(Code 1980, § 18-54) property within the corporate boundaries
Secs. 18-55-18-59. Reserved. of the city constitute a blight on this corn-
munity; and, in the interests of the health,
safety and general welfare of the residents •
ARTICLE VII. GRAFFITI and taxpayers of the city,immediate steps
must be taken to remove this blight.
Dr--- Sec. 18-60. Intent and purpose of article. (2) When appropriate, the courts should re-
Graffiti on public and private property is a quire those who commit acts of defacement
blighting factor, which not only depreciates the of public or private property through the
value of the property which has been the target of application of graffiti to restore the prop- ---
such malicious vandalism, but also depreciates erty so defaced, damaged or destroyed.
the value of the adjacent and surrounding prop- (3) Obtaining convictions for the application of
erties, and in so doing negatively impacts upon graffiti is difficult due to the fact that the
the entire community. The city has in the past offense can be committed so very quickly
undertaken to remove graffiti from public prop- and secretively that witnesses to the act
erty but has been unable to mount a successful are frequently nonexistent.
program for encouraging the owners of private (4) The public should be encouraged to cooper-
property to undertake to remove graffiti and ate in the elimination of graffiti by report-
other inscribed materials from walls, structures, ing to the proper authorities the incidents
etc.The legislation of the state has authorized the
cityto define, regulate, suppress and of the application of graffiti which they
gu pp prevent observe.
nuisance and to declare what shall constitute a (Code 1980, § 18-61)
nuisance and to abate and remove the same.
(Code 1980, § 18-60)
Sec. 18-62. Definitions. 6 L
p1(. Sec. 18-61. Findings and determination. Whenever the following terms are used in this
The city council finds and determines that article, they shall have the meanings established
graffiti is a nuisance, and, unless it and other by this section:
inscribed material is removed from public and (a) Graffiti means the defacing, damaging or
private properties, it tends to remain, and other destroying by the spraying of paint or mark-
properties are then the target of graffiti with the ing of ink, chalk, dye or other similar
result that entire neighborhoods and indeed the substances on public and private buildings,
community is depreciated in value and made a structures and places.
CD 18:10
/ •r, 67 e,,,/,)-p r e fr i 1 ,t,,, ,ty.,.IT s 61),..,S)
` , u
. isANCES Al-ti §18-65
1- v IrN."
(b) Grani ' abatement proce u means an The notice to abate graffiti pursuant to this
aba meat proced a which identifies graf- section shall cause a written notice to be served
fiti, issues notice t the landowner to abate upon the owner(s) of the affected premises, as
the graffiti, andttures in absence of re- such owner's name and address appears on the
sponse. last property tax assessment rolls of the county.If
(c) Private contractor means any person with there is no known address for the owner, the
I whom the city shall have duly contracted to notice shall be sent in care of the property ad-
assel
ti, remove graffiti. dress. The notice required by this section may be
ode 1980, § 18-62) served in any one of the following manners:
i/,' r ,4,4011,Trosa reference—Definitions and rules of construction a. By personal service on the owner,occupant
/ genially,§ 1-2. or person in charge or control of the prop-
ti 0 ec. 18-63. A lication of ti—Prohib- e
('- � PP graffi
_�('� iced. f` �IC-% b. By registered or certified mail addressed to
;G "'t the owner at the owner's last-known ad
,� It shall be unlawfUf6r any person to write, dress. If this address is unknown, the no-
t paint or draw upon any wall, rock, bridge, build-• tice will be sent to the property address.
Aii' ing,fence,gate,other structure,tree,or other real -
.�,. ' or personal property, either publicly or privately The notice shall be substantially in the follow-
ail3j �'L owned, any drawing, inscription, figure or mark ing form:
`"" of the type which is commonly known and re- •
ferred to as "graffiti"within the city. NOTICE OF INTENT TO REMOVE GRAF-
(Code 1980, § 18-63) FITI
•
Date:
�— Sec. 18-64. Same—Pe ty; restoration of
property. ff�� Notice is hereby given that you are required by
- V law at your expense to remove or paint over the
Any person who is con ' of violating section graffiti located on the property commonly known
18-63 shall be punished in accordance with sec- as , Omaha, Nebraska,
tion 1-10. In addition to such punishment, the which is visible to public view, within 30 days
court may, in imposing sentence,order the defen- after the date of this notice; or, if you fail to do
dant to restore the property so defaced, damaged so, city employees or private contractors em-
or destroyed. ployed by the city will enter upon your property
(Code 1980, § 18-64; Ord. No. 33765, § 5, 12-19.- and abate the public nuisance by removal or
95) painting over the graffiti.The cost of the abate-
ment by the city employees or its private con-
Sec. 18-65. Notice to remove. *Lir tractors will be assessed upon your property
Whenever the public works director or his des- and such costs will constitute a lien upon the
ignated representative determines that graffiti land until paid.
exists on any public and private buildings,struc- All persons having any objection to or interest
tures and places which are visible to any person in said matters are hereby notified to submit
utilizing any public right-of-way in this city, be any objections or comments to the public works
this a road, parkway, alley, or other right-of-way, director of the City of Omaha or his/her desig-
and that seasonal temperatures permit the paint- nated representative within ten days from the
ing of exterior surfaces, the public works director date of this notice. At the conclusion of this
or his designated representative shall cause a 30-day period the city may proceed with the
notice to be issued to abate such nuisance. The abatement of the graffiti inscribed on your
property owner shall have 30 days after the date property at your expense without further no-
of the notice to remove the graffiti, or the condi- tice.
tions will be subject to abatement by the city. (Code 1980, § 18-65)
CD18:11
'. NUISANCES $ 18-65
(b) Graffiti abatement procedure means an The notice to abate graffiti pursuant to this 1
abatement procedure which identifies graf- section shall cause a written notice to be served
fiti, issues notice to the landowner to abate upon the owner(s) of the affected premises, as
the graffiti, and cures in absence of re- such owner's name and address appears on the
sponse. last property tax assessment rolls of the county.If
(c) Private contractor means any person with there is no known address for the owner, the
whom the city Shall have duly contracted to notice shall be sent in care of the property ad-
remove graffiti. dress.The notice required by this section may be
(Code 1980, § 18-62) served in any one of the following manners:
Cross reference—Definitions and rules of construction a. By personal service on the owner,occupant
generally,$ 1-2. or person in charge or control of the prop-
/
Sec. 18-63. Application of graffiti—Prohib-
/ erty
ited. b. By registered or certified mail addressed to
�� /. the owner at the owner's last-known ad-
It shall be unlawful for any person to write, dress. If this address is unknown, the no-
paint or draw upon any wall, rock, bridge, build- tice will be sent to the property address.
ing,fence,gate,other structure,tree,or other real
or personal property, either publicly or privately The notice shall be substantially in the follow-
owned, any drawing, inscription, figure or mark ing form:
of the type which is commonly known and re-
ferred to as "graffiti" within the city. NOTICE OF INTENT TO REMOVE GRAF-
(Code 1980, § 18-63) FITI
•
Date:
�- Sec. 18-64. Same—Penalty; restoration of
property. Notice is hereby given that you are required by
law at your expense to remove or paint over the
Any person who is convicted of viol ' g section graffiti located on the property commonly known
18-63 shall be punished in accordance with sec- as , Omaha, Nebraska,
tion 1-10. In addition to such punishment, the which is visible to public view, within 30 days
Court may, in imposing sentence, order the defen- after the date of this notice; or, if you fail to do
• dant to restore the property so defaced, damaged so, city employees or private contractors em-
or destroyed. / . ployed by the city will enter upon your property
(Code 1980, § 18-64; Ord. No. 33765, § 5, 12-19- and abate the public nuisance by removal or
95) / painting over the graffiti.The cost of the abate-
menf by the city employees or its private con-
Sec. 18-65. Notice to remove. tractorstwill be assessed upon your property
Whenever the public works director or his des- and such costs will constitute a lien upon the
land until paid.
ignated representative determines that graffiti -
exists on any public and p`rivate buildings, struc- All persons having any objection to or interest
tures and places which are visible to any person in said matters are hereby notified to submit
utilizing any public right-of-way in this city, be any objections or comments to the public works
this a road, parkway, alley, or other right-of-way, director of the City of Omaha or his/her desig-
and that seasonal temperatures permit the paint- nated representative within ten days from the
ing of exterior surfaces, the public works director date of this notice. At the conclusion of this
or his designated presentative shall cause a 30-day period the city may proceed with the
notice to be issu to abate such nuisance. The abatement of the graffiti inscribed on your
property owner shall have 30 days after the date property at your expense without further no-
of the notice to remove the graffiti, or the condi- tice.
� tions will be subject to abatement by the city. (Code 1980, § 18-65)
CD18:11
'i 18-66 4 01s XOMAHA CODE . C
Sec. 18-66. City's .sts de. ared lien. ARTICLE VIII. JUVENILE GATHERINGS*
Any and all costs in•. ed by the city in the Sec. 18-81. Declaration of nuisance; notice
abatement of the a•. • nuisance under the to abate.
provisions of this = icle ay constitute a lien
against the pro.-rty upon which such nuisance Any private place or premises within the city
meted. - which is used as the site of a juvenile gathering is •
(Code 1980, § 18-66) hereby declared to be a public nuisance. No per-
son shall maintain any such nuisance.Whenever
such a nuisance is found to exist within the city,
Sect 8-67. Appeals. the police department shall give the person(s)
Within n days the • rig or personal responsible for the juvenile gathering notice to
abate the nuisance.
service of th ce, the owne r person� occupy- (Code 1980, $ 18-81)
ing or co o 'rig such prem1 es or lot affected
may eal to t administrative appeals board.
(C a 1980, § 18-67) Sec. 18-82. Definitions.
The definitions in this section govern the con-
Sec. 18-68. Removal by city. Op struction of this article unless the context other-
wise requires. In the case of any conflict between
Upon failure of persons to comply with the the definitions of this section and any other
notice by the designated date, or such continued section of this Code,this section's definitions shall
date thereafte as the public works director or his control.
designated repr•sentative approves,then the pub- (a) Juvenile gathering:Ajuvenile gathering is _
lic works direc . is authorized and directed to any assemblage where five or more persons
cause the graffiti to be abated by city forces or under the age of 21 are present for a social
private contract, - ,d the 16. or its private con- occasion or a social activity and alcoholic
tractor is expressly -uth. ed to enter upon the beverages are possessed or consumed by
premises for such p o-.es.All reasonable efforts ' any person under the age of 21 other than
to minimize damage •m such entry shall be a permanent resident of the premises.
taken by the city,an t an paint used to obliterate (b) Police services fee: The police services fee
graffiti shall be - - close :s practicable to back- shall be the actual cost of vi ' police •
ground color(s). the public works director pro- Pre '
vides for the emoval of tle graffiti or other services to abate the juvenile gathering,
inscribed m- erial, he shall not authorize nor including the salaries of police department
undertake . provide for the painting or repair of personnel for the amount of time actually
any more extensive area than that where the spent in abating the juvenile gathering at a
graffiti or other inscribed material is located. rate established by resolution of the city
(Code 1980, § 18-68) council, the actual cost of any medical
treatment to injured police department per-
-
sonnel,and the actual cost of repairing any
Sec. 18-69. Private property consent forms. damaged city property. The police services
fee shall not exceed $500.00 for a single
. Property owners in the city may consent in juvenile gathering; however, the city does
advance to city entry onto private property for not hereby waive its right to seek reim-
graffiti removal purposes. The city will make bursement for actual costs exceeding$500.00
forms for such consent available. through other legal remedies.
(Code 1980, § 18-69) (c) Person(s) responsible for a gathering: The
person(s) responsible for a juvenile gather-
Secs. 18-70--18-80. Reserved. 'Cross reference—Liquors,ch. 15.
C
CD18:12
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,
NUISANCES § 18-84
ing is the person(s)who owns,rents,leases, gathering occurred knowingly suffered, permit-
or otherwise controls the premises at which ted, or allowed the property to be used for a
the juvenile gathering takes place, the per- juvenile gathering, the property shall be subject
son(s)in charge of the premises,and/or the to a lien against the property in accordance with
person(s) who organized the juvenile gath- section 18-12 of this Code.
ering. When the person who controls the (Code 1980, § 18-84)
property or organized the juvenile gather-
ing rents or leases the premises or when
the persons attending the juvenile gather-
ing are not lawfully on the premises, the •
owner of the premises shall not be the
person responsible for the juvenile gather-
ing unless the juvenile gathering occurred
with the owner's knowledge. •
(Code 1980, § 18-82; Ord. No. 33765, § 6, 12-19-
95) •
Cross reference—Definitions and rules of construction
generally,§ 1-2.
Sec. 18-83. Assessment of police services fee.
When a juvenile gathering occurs at the same
location on two or more occasions within 90 days,
the person(s) responsible for the second or subse- •
quent gathering shall be liable for a police ser-
vices fee for the second or subsequent response,
providing that prior notice to abate the nuisance •
has been given to the person(s)responsible for the
second or subsequent juvenile gathering. If this
person is a minor, the minor's parents or guard- •
ians shall be jointly and severally liable for the
•
police services fee if they reside at or control the
premises where the juvenile gathering occurs.
Liability for a police services fee shall not in any
way preclude any person's arrest or citation, or
both, for violations of state law or city ordinance.
(Code 1980, § 18-83)
Cross reference—Police,ch.25.
Sec. 18-84. Collection of police services fee.
The police services fee shall be a debt to the city
owed by the person(s) responsible for the gather-
ing or,if he or she is a minor,by his or her parents
or guardians who reside at or control the premises
where the juvenile gathering occurs, and may be
collected through any lawful means. Any person
owing a police services fee shall be liable in an
action brought in the name of the city for recovery
of such fee, including reasonable attorney's fees.
( If the owner of the property on which the juvenile
CD18:13
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REQUEST TO LAW
LAW DEPARTMENT lit ONL .°
LOG BOOK# _ ..<
TO: City Attorney DATE ASSIGNED _alc
--
ASSIGNED TO /& - rn
DATE: January 14, 1998 f//// Q '
ANSWERED/SENT OUT w
WITHDRAWN
REQUEST BEING MADE BY: on behalf of Councilmember Subby Anzaldo
Sharon J. Arnold City Council 5519
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: (Due Date) January 27, 1998 Council Agenda
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT).
REQUEST FOR: Revised Request - Ordinance to Amend Chapter 18-65, Graffiti—Notice to
Remove
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
This request is intended to replace the request of January 12, 1998 on the same subject.
Councilmember Subby Anzaldo requests an ordinance to amend Chapter 18-65, Graffiti
—Notice to Remove be prepared for the January 27, 1998 City Council Agenda.
Specifically, the amendment should change the 30-day notice requirement to a 7-day
notice requirement with a 7-day period to appeal the notice. The appeal period should
run concurrent to the notice period.
The Law Department is free to change additional language in Chapter 18 to necessary to
accommodate this amendment.
Thank you
INFORMATION ATTACHED: YES NO X NONE AVAILABLE
c: Councilmembers, Don Elliott, Brinker Harding,Buster Brown,Acting Police
Chief Charlie Circo, Council Staff
sja �� REVISED: 10/96
52
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