HomeMy WebLinkAboutOrdinances 2140ORDINANCE NO. 2140
AN ORDINANCE AMENDING CHAPTER 8.04 OF THE CENTRAL POINT
MUNICIPAL CODE TO ADD SECTION 8.04.045 UNLAWFUL GRAFFITI ON
PRIVATE PROPERTY AS A PUBLIC NUISANCE AND PROVIDING FOR
ABATEMENT
RECITALS:
A. The City of Central Point finds that unlawful graffiti on private property contributes to urban
blight, decreases property values, creates conditions that invite criminal activity, and is
detrimental to the public health, safety, and welfare of the community.
B. The City Council finds that prompt removal of graffiti discourages further defacement and
promotes community pride and economic vitality.
C. The City desires to amend Chapter 8.04 of the Central Point Municipal Code to expressly
declare unlawful graffiti on private property a public nuisance and to establish clear abatement
procedures consistent with Oregon law and practices adopted in other Oregon municipalities.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.04 Amended.
Chapter 8.04 of the Central Point Municipal Code is hereby amended to add a new section to
read as follows:
8.04.045 Unlawful Graffiti on Private Property – Public Nuisance.
A. Definitions.
For purposes of this section:
1. “Graffiti” means any inscription, word, figure, marking, design, symbol, or drawing that
is marked, etched, scratched, sprayed, painted, drawn, or otherwise affixed to or placed
upon public or private property without the express permission of the owner or person in
lawful possession of the property.
2. “Owner” means the record owner of real property as shown on the most recent
assessment roll of Jackson County, or the owner’s agent, lessee, or other person in
control or possession of the property.
3. “Responsible person” means any person who causes, permits, maintains, or allows
graffiti to remain on property owned, occupied, or controlled by that person.
B. Public Nuisance Declared.
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Ord. No. 2140; (City Council Meeting (03/26/2026)
Graffiti located on private property within the City of Central Point that is visible from a public
right-of-way or neighboring property and that has been applied without the consent of the
property owner is hereby declared to be a public nuisance.
The City Manager or his designee may adopt procedures, forms, and written policies for
administering and implementing the provisions of this chapter.
C. Duty to Remove.
1. The owner or responsible person shall remove or effectively obscure graffiti from the
affected surface within fifteen (15) days after the graffiti’s appearance. Removal shall
mean elimination of the graffiti by painting over, cleaning, sandblasting, or other method
that restores the surface to a condition that is free of visible graffiti.
D. Notice of Violation.
1. When the City determines that graffiti constituting a public nuisance exists, the City shall
provide written notice to the owner or responsible person. Notice shall:
a. Identify the property by address or legal description;
b. Describe the nature and location of the graffiti;
c. State that the graffiti constitutes a public nuisance;
d. Order removal within ten (10) days, or as otherwise specified in the notice;
e. Provide a statement that unless the nuisance is removed within the specified time
period the city will remove the nuisance and the cost of removal shall be a lien against
the property; and
f. A statement that the owner or responsible person may protest the action by giving
notice to the recorder within seven (7) days of the date of the notice as provided in
Section 8.04.110, except with regard to the time to appeal.
2. The City may provide for a shorter notice period if the graffiti is determined to contain
gang-related content, threats, or other material posing an immediate threat to public
safety.
3. Notice shall be provided by personal delivery or by first-class mail to the address listed
on the most recent county assessment roll, and may also be posted on the property.
E. Failure to Abate – City Abatement.
1. If the owner or responsible person fails to remove or effectively obscure the graffiti
within the time specified in the notice, the City may enter upon the property at reasonable
times and abate the nuisance by removing or obscuring the graffiti.
2. The City shall not be responsible for damage to landscaping or improvements that may
necessarily result from reasonable abatement activities.
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Ord. No. 2140; (City Council Meeting (03/26/2026)
F. Costs and Assessment.
The cost of abatement, including administrative costs, shall be charged to the owner of the
property as provided in Section 8.04.130.
G. No Relief from Criminal Liability.
Nothing in this section limits or precludes prosecution under any applicable state law or
municipal code provision relating to criminal mischief, vandalism, or graffiti.
SECTION 2. Codification.
Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance"
may be changed to "code", "article", "section", "chapter" or another word, and the sections of
this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses
and boilerplate provisions (i.e. Recitals A-C) need not be codified and the City Recorder is
authorized to correct any cross-references and any typographical errors.
SECTION 3. Effective Date.
The Central Point City Charter states that an ordinance enacted by the Council shall take effect
on the thirtieth day after its enactment. The effective date of this ordinance will be the thirtieth
day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this 26th day
of March 2026.
_________________________________
Mayor Taneea Browning
ATTEST:
________________________
City Recorder
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