§ 14-436. Graffiti.

(a)

Definition. Within this section, "graffiti" means the intentional inscription, word, figure or design marked, scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk, dye or other similar permanent substance on property without the express permission of the owner or operator of the property. Property includes without limitation, real or personal property such as buildings, fences, structures, equipment, walls, signs or parts thereof, whether permanent or not.

(b)

Public nuisance. The existence of graffiti on any property within the village is expressly declared to be a public nuisance as it affects the public health, safety and welfare.

(c)

Graffiti prohibited. No owner or operator of property within the village may maintain or allow any graffiti to remain upon the property when the graffiti is visible from the street, or other public or private property.

(d)

Notification.

(1)

If it is determined by the property maintenance officer or authorized representative, that graffiti exists on property in violation of this section, the village shall notify the property owner or operator of property in writing with the issuance of a notice to abate. The notice may be given to the property owner or operator by certified mail, return receipt requested, or in the manner provided for service of summons in the circuit court. If the owner or operator cannot be found, the notice may be served by posting it on the main entrance to the property if the property is a building, otherwise in a conspicuous location on the property, and publishing it as a Wis. Stats., ch. 958, Class I Notice.

(2)

The notice shall identify the property affected, describe the location of the graffiti and directing that the graffiti be removed within 30 days of receipt of the notice. If the owner or operator of property fails to remove graffiti within the time specified in the notice, the owner or operator of property may be subject to penalties as provided within the village code.

(e)

Abatement.

(1)

Abatement shall be completed within 30 days of receipt of notice.

(2)

The minimum compliance of any order shall be obliteration of graffiti by a primer paint. Removal of the graffiti with primer paint and matching building paint or other suitable removal system appropriate to the surface shall be encouraged.

(3)

Payment of a monetary forfeiture does not relieve the owner or operator of property of the duty to abate the graffiti nuisance.

(f)

Penalty.

(1)

Upon the failure of an owner or operator of property to abate the graffiti within the prescribed time, an owner or operator of property shall be subject to the issuance of a citation and monetary forfeiture in an amount as set forth in section 1-13 of the village code. Each day in which a violation exists shall be a separate and distinct offense.

(2)

In addition to the penalties set forth herein, the village may commence a nuisance action in the Milwaukee County Circuit Court in accordance with Wis. Stats., ch. 823, to abate a violation of this section.

(Ord. No. 2-O-2001, § 2, 2-19-01)

Note— See editors note following section 14-429.