HomeMy WebLinkAboutOrdinance 2884
ORDINANCE NO. 2884
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS
PROHIBITING THE POSSESSION OF AEROSOL PAINT AND
INDELIBLE MARKERS BY MINORS AND PROVIDING FOR NOTICE
AND ABATEMENT OF GRAFFITI BY THE CITY; PROVIDING FOR
ASSESSMENT OF EXPENSES AGAINST THE PROPERTY;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills is a home rule municipality located in
Tarrant County, created in accordance with the provisions of Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Texas Local Government Code and operating
pursuant to its charter and laws of the State of Texas; and
WHEREAS, the city council finds that the use of graffiti by persons in the city has
grown to such significant levels that areas of the city, both public and private, are
blighted by its existence; and
WHEREAS, the city council also finds that graffiti is a method of communication
for individuals who engage in illegal activities, thus serving as an aid to the proliferation
of crime; and
WHEREAS, the city council finds that graffiti is detrimental to the safety and
welfare of the public, tends to reduce the value of private property, and invites
vandalism and additional graffiti; and
WHEREAS, the control of graffiti is within the police power of the city; and
WHEREAS, the city council hereby declares graffiti on property where it is visible
from any other public or private property to be a nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF NORTH RICHLAND HILLS, TEXAS:
SECTION 1. That Chapter 50, "Offenses and Nuisances," of the Code of
Ordinances of the City of North Richland Hills, as amended, is amended by adding a
new Article III to read as follows:
"ARTICLE III. GRAFFITI
Sec. 50.40. Definitions.
In this article:
AEROSOL PAINT means an aerosolized paint product, including, but not limited
to, a clear or pigmented lacquer or finish.
GRAFFITI means an unauthorized inscription, work, signature, symbol, design,
or other marking which is etched, engravement, written, painted, drawn, or applied in
any other way to a structure, building, or property.
INDELIBLE MARKER means a device that makes a mark with a paint or ink
product that is specially formulated to be more difficult to erase, wash out, or remove
than ordinary paint or ink products.
MINOR means a person younger than 17 years of age.
OWNER means a person who owns or is in control of property.
UNAUTHORIZED means without the permission of the owner of property.
Sec. 50.41. Possession of Aerosol Paint and Indelible Markers.
(a) Offense. A minor commits an offense if the minor possesses aerosol
paint, or an indelible marker.
(b) Defenses. It is a defense to prosecution under Subsection (a) that the
minor possessed the aerosol paint or indelible marker while the minor was:
(1 )
(2)
school project;
accompanied or supervised by a parent or guardian;
accompanied or supervised by a teacher in connection with a
(3)
(4)
supervised during the minoris regular employment;
on the property on which the minor lives;
(5) engaged in an organized event sponsored or supervised by the
city, a school, a church or other officially recognized organization; or
(6) traveling to or from the events described in subsection (5) with an
indelible marker.
Ordinance No. 2884 Page 2 of 6
Sec. 50.42. Placement of Graffiti.
A person commits an offense if the person places graffiti on property.
Sec. 50.43. Failure to Remove Graffiti.
An owner of property commits an offense if the owner fails to remove graffiti from
the owner's property if the graffiti is visible from public or private property other than the
property on which the graffiti exists.
Sec. 50.44. Notice and Abatement by Owner or City.
(a) Notice of citation or abatement. The city must notify the property owner
of a violation of this article, and must give the owner the opportunity to remove the
graffiti before:
(1) issuing a citation for a violation of Section 50.43; or
(2) entering the property and doing the work necessary to remove or
cover the graffiti and abate the nuisance.
(b) Waiver of notice. The property owner may waive the right to notice and
the opportunity to remove the graffiti by filing a written statement with the city secretary
giving the city permission to enter the property and abate the nuisance.
(c) Method of notice. Notice must be given:
(1) in writing personally delivered to the owner; or
(2) by letter addressed to the owner's address as listed on the most
recent ad valorem tax rolls; or
(3) if personal service cannot be obtained or the owner's address is
unknown:
(i) by publication in the official newspaper at least twice within
10 consecutive calendar days; or
(ii) by posting the notice on or near the front door of each
structure or building on the property to which the violation relates; or
(iii) if the property does not contain any buildings, by posting the
notice on a placard or sign attached to a stake driven into the ground on the property to
which the violation relates.
Ordinance No. 2884
Page 3 of 6
(d) Contents of notice. The notice shall contain:
(1) the name and address of the record owner;
(2) an identification, which is not required to be a legal description, of
the property upon which the violation is located;
(3) a statement describing the violation and the work necessary to
correct the violation;
(4) a statement advising the owner that if the work is not completed
within 10 calendar days, the city will complete the work and assess the cost of the work
to the owner;
(5) a statement that if the city performs the work and the owner fails to
pay the cost, a lien may be placed on the property;
(6) a statement that, within five calendar days after receiving notice of
a violation, the owner may submit a written request to the code enforcement officer or
his designee for assistance in removing the graffiti;
(7) a statement that, within five calendar days after receiving notice of
a violation, the owner may submit a written request to the code enforcement officer for
an informal hearing to contest whether the violation exists; and
(8) a statement that the city may, at any time, file a criminal
misdemeanor complaint in municipal court with a maximum fine of $500.00 for each
calendar day the violation exists, in addition to any other remedy provided by law.
(e)
occurred:
Time of notice. For purposes of this article, notice is deemed to have
(1) for personal service, on the day notice was personally delivered to
the owner;
(2) for mailed notice, three calendar days after written notice was
mailed to the owner;
(3)
published ; or
for notice by publication, on the date that the second notice IS
(4)
for notice by posting, the day of posting.
(f) Issuance of citation. A citation for a violation of Section 50.43 may be
issued 10 calendar days after notice of the violation is received.
Ordinance No. 2884
Page 4 of 6
(g) Work by city. If the owner does not comply with this article by the 10th
calendar day after notice is deemed received, the city may enter the property or
authorize another to enter the property and do or cause to be done all work necessary
to abate the graffiti. If the city performs or causes to be performed the abatement work,
the city shall initially pay for the work done, and may, at its sole discretion, charge the
expenses to the owner of the property.
(h) Liability for work. The city shall not be responsible for the color or
quality of the paint or any damages done to the owner's property while abating the
nuisance on the property.
Sec. 50.45. Informal Hearing.
If within five calendar days after receiving notice, the property owner files a
written request with the city secretary according to Section 50.44(d)(6), the director of
code enforcement or his designee shall hold an informal hearing. Unless the owner
requests and is granted an immediate hearing and waives the right to notice, notice of
the time and place of the hearing shall be sent to the owner by certified mail. At the
hearing, the owner may provide evidence or testimony that a violation does not exist
and abatement is not warranted. After the hearing, the director of code enforcement or
his designee may determine whether a violation requiring abatement exists. Failure of
the property owner to timely request a hearing or to appear at a hearing constitutes a
waiver of any right to challenge the abatement of the violation.
Sec. 50.46. Assessment of Expenses; Lien.
The city may assess expenses incurred by the city for the abatement of graffiti
pursuant to Section 50.44 against the real property on which the work was done. To
obtain a lien against the property, the city shall file with the county clerk of Tarrant
County a statement of expenses and a copy of the notice that the city provided to the
owner. The lien is security for the expenditures made and interest accruing at the rate
of 10 percent per annum on the amount due from the date of payment by the city. The
lien is inferior only to tax liens and liens for street improvements.
Sec. 50.47. Assistance in Removal.
If an owner is in need of assistance in removing graffiti from the owner's property,
the owner may submit a written request for assistance and a signed "Hold Harmless
Agreement" to the police chief or his designee within five calendar days after receiving
notice."
SECTION 2. Cumulative. This ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of North Richland Hills, as amended, except
where the provisions of this ordinance are in direct conflict with the provisions of other
ordinances or the Code, in which event the terms of this ordinance shall prevail over the
conflicting provisions of other ordinances, but such other ordinances shall be deemed to
Ordinance No. 2884
Page 5 of6
be repealed only to the extent of such conflict and shall otherwise continue in full force
and effect.
SECTION 3. Severability. It is hereby declared to be the intention of the city
council that the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of
this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, the unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance,
since they would have been enacted by the city council without the incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4. Penalty. Any person, firm, or corporation who violates, disobeys,
omits, neglects, or refuses to comply with or who resists the enforcement of any of the
provisions of this ordinance shall be fined not more than $500 for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 5. Newspaper Publication. The city secretary is directed to publish
this ordinance, or its caption and penalty clause, in the official city newspaper as
required by the Texas Local Government Code.
SECTION 6. Effective Date. This ordinance shall be in full force and effect from
and after its final passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 22nd DAY OF MAY
By:
AS TO FORM AND LEGALITY:
Ordinance No. 2884
Page 6 of 6