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Spokane Municipal Code

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Title 10
Chapter 10.10
Section 10.10.090
 

Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.10 Offenses Against Peace and Order

Section 10.10.090 Removal of Graffiti
  1. No person owning or in control of any property may allow the property to be used as a location for graffiti or fail or refuse to remove, cover, or grant permission to City personnel, or City’s designee, to remove or cover the graffiti from the property when so directed by a duly authorized City employee or its designee.
     
  2. Failure to remove the graffiti within ten days (absent exigent circumstances, i.e., inclement weather, insurance delays, disability, etc.) after receipt of notification is a class 4 civil infraction. Each day of a continuing violation is a separate offense.
     
  3. Notification by deposit in first class mail to the owner shall include the following:

    1. The street address and legal description of the property sufficient for identification of the property, or where there is no postal address a legal description or parcel number.

    2. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding.

    3. A statement that the graffiti must be removed within ten days after the receipt of the notice and that if the graffiti is not abated within that time the person owning or responsible for the property shall be subject to a class 4 civil infraction.

    4. Notification shall include any graffiti removal assistance programs that may be available.
       
  4. The City may charge the property owner or the person in possession of the property the cost to the City for the removal or covering of the graffiti when the removal or covering is performed by City personnel or City’s designee.
     
  5. Any owner or other in possession who fails to comply with City personnel’s or City designee’s direction under this section violates chapter 10.08A SMC.
     
  6. The parents or legal guardians of any minor child arrested or found committing an act constituting graffiti vandalism may be jointly and severally liable for any damage caused by the minor to real or personal property, whether publicly or privately owned. This may include reimbursement for the removal of graffiti by either the City or the property owner.
     
  7. Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property.
     
  8. Revenue generated to the City pursuant to the civil infractions in subsection B shall be used to fund the Police Department’s graffiti abatement program.

Date Passed: Monday, September 30, 2013

Effective Date: Thursday, November 7, 2013

C35038 Section 1