Fiscal Note
No significant fiscal impact is anticipated.
Title
Amending Sections 27.03(2) and 27.05(2)(v) of the Madison General Ordinances to expand the definition of "Graffiti," define "Movable Object," and expand the graffiti removal ordinance to include the requirement to remove graffiti from movable objects located on property.
Body
DRAFTER'S ANALYSIS: This proposal amends Sections 27.03(2) and 27.05(2)(v) of the Madison General Ordinances to expand the definition of "Graffiti", define "Movable Object," and expand the graffiti removal ordinance to include the requirement to remove graffiti from movable objects located on property. In addition, this proposal restructures Sec. 27.05(2)(v) by adding subdivisions to make the obligations and consequences outlined in the ordinance easier to understand. The purpose of this ordinance is to expand the Graffiti Removal Ordinance to cover those objects located upon a piece of property that do not fall under the definition of building or structure, and are not merely temporary in nature. This expansion is being made based upon a recognition that graffiti located upon these "movable objects" carries the same negative consequences to the neighborhood and the welfare of the City as graffiti on more permanent structures or objects located upon the property.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 27.03 entitled "Rules and Definitions" of the Madison General Ordinances is amended by amending therein the following:
"Graffiti. Any unauthorized drawing, figure, inscription, or painting appearing on sidewalks, streets, walls or any other place or item in public view.
Movable Object. Any item that is not permanently attached to the ground, a building, or a structure, that remains on a lot or parcel of land, or a continuous set of lots or parcels of land, for ten (10) or more days."
2. Subdivision (v) entitled "Graffiti Is Prohibited" of Subsection (2) of Section 27.05 entitled "Safe And Sanitary Maintenance Of Property" of the Madison General Ordinances is amended to read as follows:
"(v) Graffiti Is Prohibited. Graffiti shall be removed by the property owner or by the City at the property owner's expense.
1. Applicability. This subdivision applies to all residential and nonresidential buildings, structures, yards or vacant areas of the property, as well as movable objects located thereupon.
2. Removal of Graffiti by the City and Special Charge for Services.
a. The Director of Building Inspection the Neighborhood Preservation and Inspection Division may order graffiti removed within a time certain by a specified date. If a property owner fails to remove graffiti within the time specified in the order, the Director of Building Inspection the Neighborhood Preservation and Inspection Division may cause the graffiti to be removed.
b. Special Charge for Services:
i. The Director of Building Inspection the Neighborhood Preservation and Inspection Division shall keep an accurate account of the expenses thereof incurred by the City in removing the graffiti from the property and report the same to the City Comptroller, who.
ii. The City Comptroller shall annually prepare a statement of the expenses so incurred on each lot or parcel of land in removing graffiti from the property and report the same to the City Clerk, and the amount therein charged to each lot or parcel of land shall be by said Clerk entered in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate under Wis. Stats. sec. 66.0627.
iii. The City Clerk shall enter in the tax roll as a special charge against said lot or parcel of land the amount charged to each lot or parcel of land for the removal of graffiti, and the same shall be collected in all respects like other special charges upon real estate under sec.4.09, MGO.
3. Prosecution for failure to remove graffiti under this ordinance shall not bar the City from charging owners for graffiti removal, nor shall charging owners for graffiti removal bar prosecution."