The Chehalis City Council is taking a step to address the increase in not only graffiti on public and private property in the city but also the issue of property owners failing to remove graffiti.
Councilors voted unanimously Monday night to add graffiti as a type of nuisance in its city municipal code, allowing the city to give owners an opportunity to remove graffiti, but if they fail to do so, the city could take enforcement action.
Randy Kaut, Chehalis police chief, told the council that the department has seen “a few operators that have been pretty prolific lately” and that it caught a vandal recently thanks to a citizen report.
Although offenders can be charged with the crime of vandalism, the city ordinances prior to Monday’s meeting did not address the issue of graffiti removal and the responsibility associated with it.
“Typically, when somebody does the damage, we treat it as a malicious mischief and charge it under that, so this adds a few things to our toolbox,” Kaut said. “This allows graffiti to be included under that (public nuisance) ordinance and would allow us to send a notice to them if they need to take care of it as a nuisance and give them an opportunity to solve the issue.”
According to the city’s agenda report on the ordinance, the prompt removal of graffiti as soon as it appears is appropriate for prevention of further vandalism, preserving a positive community image and behavior, and cost efficiency.
Kaut said property owners will have 14 days to comply with the notice to remove the graffiti and that some extensions can be given.
Additionally, another ordinance titled Unlawful Graffiti Acts will be added to create language prohibiting the possession of “any graffiti implement or paraphernalia in a manner or under circumstances demonstrating his or her intent to paint, spray, draw, etch, mark, scratch, mar, or otherwise apply graffiti.”
This would be considered a misdemeanor offense, although Kaut noted that it can sometimes be difficult to prove intent to harm property.
“You have to be cautious because one person’s art is another person’s mess,” he said.
The Unlawful Graffiti Acts will also allow the city to potentially receive reimbursement for graffiti removal from the property owner if the owner fails to remove it and the city incurs costs subsequently abating the nuisance.
Lastly, the ordinance allows the parents or guardians of a minor who commits an act of graffiti vandalism to potentially be held liable for the costs associated with graffiti removal.
City Manager Stacy Denham added that the city could collect a group of volunteers to paint over graffiti for free, with the property owner’s permission, if they cannot or refuse to remove or cover it.
