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File #: 08-1083    Version: Name: 12/15/08 - Graffiti Ord
Type: Ordinance Status: Passed
File created: 12/15/2008 In control: City Council
On agenda: 1/20/2009 Final action: 1/20/2009
Enactment date: 1/20/2009 Enactment #: ORD-08-41
Title: An Ordinance to Amend Section 9:6 (Graffiti) of Chapter 106 of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-08-41)
Sponsors: Margie Teall, Leigh Greden, Carsten Hohnke, Christopher Taylor
Attachments: 1. Graffiti Ordinance Amended, Briefed & Approved, 2. B-1 (Ord. 08-41) Briefed & Approved.DOC, 3. Graffiti Ordinance AS AMENDED.doc, 4. REVISED Graffit Ordinance
Title
An Ordinance to Amend Section 9:6 (Graffiti) of Chapter 106 of Title IX of the Code of the City of Ann Arbor (Ordinance No. ORD-08-41)
Memorandum
Graffiti is a public nuisance and blighting influence, which not only is a physical eyesore but also creates a demoralizing condition that tends to reduce the value of property, promote blight and criminal activity, and has proven to be injurious to the public health, welfare and safety. Along with Councilmember Teall who spearheaded this effort, City staffs from Legal, Police Services, Communications and Public Service along with the Downtown Development Authority have worked for the past 6-8 months to prepare this graffiti ordinance and the organizational support systems and business processes to make it an effective deterrent.  The initiative for this change came from property owners and merchants who have noticed a severe uptick in graffiti just over the past year, and who recognize the negative effect of graffiti on the perception of our city.  Similarly, in community discussions prior to the most recent renewal of the Parks millage, graffiti removal was identified as a significant issue our public asked us to address.  As a result, Public Services has implemented a graffiti response team for removal of graffiti within 24 hour of a report of graffiti on public property.   
 
It is hoped that this legislation will emphasize the detrimental nature of graffiti, deter would-be perpetrators, provide for the establishment of an effective municipal regulatory and enforcement framework to crack down on those who illegally deface private or public property, provide for immediate removal of the graffiti and develop an effective partnership between city agencies and the public, particularly the business community, to eradicate this menace which has such a corrosive effect on the appearance and morale of our neighborhoods and business districts.
 
The ordinance approach is similar to the current clean communities program, in that it recognizes the importance of timely clean up as an effective deterrent to the proliferation of this form of vandalism.  It utilizes city staff as "eyes on the street" and reports from citizen complainants as a means of quick response to graffiti tagging, and it further recognizes the responsibility of property owners to manage their properties by regularly monitoring for this activity and removing graffiti off of buildings in a timely manner. Though significant efforts have been made in working through the details of enforcement, there is recognition that the effectiveness of the approach outlined will require ongoing evaluation.  Specifically, staff proposes to review enforcement actions and issues six months following implementation with an eye toward recommending necessary adjustments.  
 
In order to provide for communication to the business community, particularly the property owners and managers, prior to implementation we are recommending an effective date 90 days after publication.  
Staff
Prepared by:      Kristen Larcom, Senior Assistant City Attorney
Reviewed by:      Abigail Elias, Chief Assistant City Attorney
                        Sue F. McCormick, Public Services Administrator
Approved by:      Roger W. Fraser, City Administrator
Body
(See Attached Ordinance)