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HomeMy WebLinkAboutCLD-014-15 Clarington Clerk's Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: General Government Committee Date of Meeting: October 19, 2015 Report Number: CLD-014-15 Resolution Number: GCS-0--j9,j File Number: By-law Number: Report Subject: Graffiti Removal on Street Hardware Recommendations: 1. That Report CLD-014-15 be received for information. Municipality of Claringto Report CLD-014-15 Page 2 Report Overview Graffiti has been a long standing concern in all municipalities. In 2012, Clarington passed an Anti-Graffiti By-law to assist with the removal of graffiti from all buildings and structures and to allow for the charging back to the property owners, the costs incurred should the Municipality have to do the clean-up. Staff are now considering more efficient methods of contacting the affected owners and allowing them to correct the situation on their own. 1 . Background At the Council meeting of June 18, 2012, Clarington Council approved the creation of the Clarington Safe Communities Committee. At the same meeting, Council passed By-law 2012-021, the Clarington Anti-Graffiti By-law. One of the goals of the Safe Communities Committee has been to foster a stronger working relationship with the various business and property owners in Clarington in order to reduce negative issues, such as graffiti, within Clarington. At the June 22nd, 2015 meeting, the General Purpose and Administration Committee passed Resolution #GPA-449-15 directing staff to prepare a report in consideration of: 1. A by-law requiring the removal of graffiti and tagging on street hardware at the owner's expense; and 2. Options to facilitate public reporting of tagging/graffiti. 2. Discussion 2.1 By-law The requested by-law already exists (By-law 2012-053) (Attachment 1) and does not need amendment. The By-law allows an Officer to issue a Notice to a property owner whose land or structures have been vandalized by graffiti. The owner then has 14 days to remove the graffiti. If the owner fails to comply the Municipality may have the work done and any costs associated with the removal can be recovered by civil action or may be added to the tax roll. Staff have concentrated on improving the reporting mechanism. 2.2 On-line Complaint System Working in conjunction with the Communications Division, the Clarington online complaint system at www.clarington.net/complaints, has been modified to include a section specifically for graffiti to allow individuals to report to the Municipality. (Attachment 2) The new format will allow a citizen to report graffiti on a specific utility or rail company. They may also include photos of the graffiti. Municipality of Clarington Report CLD-014-15 Page 3 This reporting system generates an email to the By-law email address. Staff have contacted each of the listed companies and established contacts within each company's complaint/maintenance department. Once a complaint is received, Staff can then contact these individuals and forward the complaints directly to them, by way of a Notice to Comply sent directly through their established complaint system. This allows for a faster response time from the subjects by reducing the time it takes to notify them of the graffiti. The system is currently being improved to include sample pictures of the various utilities' equipment. This will help the public distinguish which company is responsible for the vandalized unit. A recognized key to reducing graffiti is the rapid removal of it because graffiti is not left long enough for others to see and frustrates the vandal by denying him/her an audience. Streamlining the reporting process to the companies most often hit by graffiti, provides an opportunity to remove the graffiti before it becomes widely seen. Through the authority under the By-law, Municipal Law Enforcement staff will monitor the complaints and follow up with the respective companies hit by the graffiti to ensure it is cleaned in a timely manner. As well, Staff will monitor the level of graffiti in the neighbourhood and advise Durham Regional Police of emerging trends, thus increasing the chances for apprehension of the responsible parties. 3. Concurrence Not Applicable 4. Conclusion It is respectfully recommended that Report CLD 014-15 be received for information. 5. Strategic Plan Application Not applicable. Submitted by: Reviewed by: '� � �6.'AnO 0reentr e Franklin Wu, Munici al Clerk Chief Administrative Officer Staff Contact: Len Creamer 905-623-3379 ext. 2110 or Icreamer(aclarington.net Attachment 1: Clarington By-law 2012-053 Attachment 2: Four Printscreen shots of new format for complaints Municipality of Clarington Report CLD-014-15 Page 4 Interested Parties: Clarington Safe Communities Committee Canada Post Bell Canada Rogers Telecommunications Hydro One Veridian Enbridge CP Rail CN Rail Durham Regional Police Service Municipality of Clarington Attachment 1 to Report CLD-014-15 THE CORPORATION OF THE MUNICIPALITY OF CLARiNGTON BY-LAW No. 2012-053 Being a by-law to prohibit graffiti WHEREAS section 128 of the Municipal Act, 2009, 5.0. 2001, c. 25 provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become or cause public nuisances; and WHEREAS the opinion of Council of The Corporation of the Municiipality of Clarington is that graffiti Is a public nuisance. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF C[ ARiNGTON ENACTS AS FOLLOWS. De#inftlnns 1. in this by-law, "art mural"means a mural that has been made for the purpose of beautlfying specific property; "Municipality"means The Corporation of the Municipality of Clarington; "graffiti"means one or more letters, symbols, numbers, etchings, inscriptions, pictorial representations, or other markings that disfigure or deface property howsoever made on or otherwise affixed to the property, but does not include, (a) signs authorized by the Municipality's Sign By-law; (b) public notices authorized by law; (c) traffic control marks authorized by law; or (d) art murals approved by the Municipality under section 10; "interior space"means any space that is not visible from a highway or other public place; "officer"means a Municipal employee whose duties include the enforcement of this by-law; "property"means a house, building, wall, fence or other structure, whether mobile or immobile, and includes the lands appurtenant to such structures;and "public place" means any place to which the public has access, as a right or by invitation, express or Implied. References 2. Reference to any Act or By-law is reference to such Act or By-law as it is amended or re-enacted from time to time. 3. References to sections are references to sections of this by-law. Municipality of Clarington Attachment 1 to Report CLD-014-15 Anti-Graffiti By-Law Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning, Graffiti Prohibited 6. No person shall place graffiti or cause or permit graffiti to be placed on any property. 7. Every owner and every occupant of property shall at all times maintain the property free of graffiti. Application to Interior Space a. Sections 6 and 7 shall not apply to the interior space of any property. Notice to Comply 9, (1) An officer who finds a contravention of this by-law may give written notice to the owner or occupant of the property requiring compliance with this by- law within fourteen(14)days after the notice is given. (2) The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case the notice shalt be deemed to have been given on the third day after It is mailed. (3) If there is evidence that the person in possession of the property is not the registered owner,the notice shall be served on both the registered property owner and the person in possession of the property. (4) If the address of the owner is unknown or the Municipality Is unable to effect service on the owner or occupant under subsection(2),a placard stating the terms of the notice and placed in a conspicuous place upon land on or near the property shall be deemed to be sufficient notice to the owner. Art Mural Exemption 10. This by-law does not apply to any art mural approved by the Municipality, Failure to Comply 11. If an owner or occupant fails to comply with a notice given under section 9,the Municipality may enter upon the owner's property or occupant's property at any reasonable time for the purpose of removing the graffiti. 12. Costs incurred by the Municipality in doing the work required to be done to remove the graffiti may be recovered by action or adding the costs to the tax roll and collecting them in the same manner as taxes. Offences 13. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction Is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. Municipality of Clarington Attachment 1 to Report CLD-014-15 Anti-Graffiti Law Short Title 14. This by-law may be cited to as the "Anti-Graffiti By-law". Effective Date 15. This by-law comes into effect on the day that it is passed. By-la\;v passed this 18th day of June, 2012. Adrian FbsterAavor Franklin Wu, Acting Municipal CleK, Municipality of Clarington Attachment 2 to Report CLD-014-15 There are several ways to commence an online complaint. The most direct is as follows. On the initial complaint page, the citizen selects Graffiti What are you looking for? A , By-Law Complaints By-Law Enforcement > By-Law Complaints A A A n LSHARE Frequently Requested By- Laws H:rote/ IilmlllMl/gy-lhers/By-i.:?:7 Cc,n fd.,il,ls Accessibility > Administration > Fill out the online municipat by-law complaint form to submit a complaint about: Advisory Committees and > Accessibility > Boards Animals(barking,poop and scoop,dog or cat at large,animal Careers > Agendas,Minutes and D Reports E Contact Us > Bids and Tenders > and weeds Council Meetings > Noise Mayor and Council > Budgets,Financial > Parking Statements and Reports t News and Public Notices > • Property standards Service Disruptions > Careers > Snow removal from sidewalks Commissioner ofCfaths Zoning Contact Us Report a problem Contact(s) C� Next the citzen will select "Report it Online" __ - __ ........_... __ ......._ _. ,9 : , w atareyonlnrkinetur7 p Rptaws > , Ee1Ce5 Graffiti a A A i, 1:SNARE Grading and Drainage Graffiti G,nssand Weeds K property standards Snaw Removal > wit ; Special Events cRx� Tree Removes Abo Kbrringmn > r.^" A, .. r Animal Se ices > Art„C141n—nd Heritage > We work hard to keapwrmnmu utyattraccive and presentable. t Building of Reucvnting > Graffiti is a go-ing probtem in Gannet—The mostcommon tipe c€ graffiti is'tagging',Atag>:sually in<Was the pa—W—ignature or gutlJEngor Renovating > Beyh,g a Home > capatitwe paintingofa;mord,nana,symbol or ac roar that mayor may not contain letters,numbers,cr s}mbots.OthertypesoFgratiti Cattactus > content can be lated,hate-based,political or profane.gang re pro Events Calandar ) > can find graffili—nd our community etched on bridges,b.cildings, Garbageand Recycling > Coro unity h"olvement > �­Ils,ulihty boxes.mmlbor ,vahides,and in parks. News and Publle Notices> ..om,nunity ctrganitations Graffiti is a crime Property Taxes and > Edu:anon assessments ttii,en graffiti is p!a<ed on pubEic or private property vrithout the Emrgency and Lice Se,eE¢-s > permis=_ioncfthe ov:ner,itis considered en actob:andalism and is Semite Dlsrupfions > Event-CM3 1n r against thela,Removing—anted graffiti is costly.in 2013,the F.Fvnicipatity ofCladngton spent S13,319.23on graffiti removal, tb racilitEes and Conn+unity > Contact(s) Hans The Municipality ofClaringta,,is eroding cith Durham Regional Police GaNage and RecycEing 5"wes and the Glaring-,safe Communities e;dnu Ser.;ces Con nittee on esinrr sting g,affili, is r,mrrrsnce Sfr<it ii ealtb Care and Hospitais E­­Ax,oar 111 3w6 L ib,my Reporting graffiti wP dds loch., SF find fits t,ronlmea :e vrillcattact the Tvr'a-"'-1'3-srs a.z zlos blap, s�oer.Please pram 6o- rmeti on as pass,ble wit herag rd to =1613-6s0E Emai(6yiaw Serrices Filar ae,Bbth,Dezth > the location ofthe graf(ti. M­and public tdoflees > IF after h•:o weeks the grafnti has not ha=-nramaved,pleaseconlattBy- Oagoh,gF4cjeres > lear Sires and tve+.vill sotto pa,ilh the propeoj..ner. Pa,kL,g > P,r rafts and Licences > Municipality of Clarington Attachment 2 to Report CLD-014-15 At this screen the citizen chooses graffiti as the nature of the complaint. Clat'Ingtoll, "q �W I W ;. Municipal By-Law Complaint Form 25:.b Complaint Details 9 Type of ccmalaisti a Animal related t Long grass and weeds .'Noise 3 '..!Parl;ir�g i ;t P•cperty stardards l Sideva'k snots removal � �5 Zoning Other II I I Once modified, another screen will be added. This screen will provide the citizen with sample photos from each of the listed companies to help confirm who owns the affected property. Municipality of Clarington Attachment 2 to Report CLD-014-15 The citizen now can select the vandalized property based on their knowledge and the sample phtographs provided. There is also the opportunity for the citizen to include photos of the vandalism as they have noted. �p 2. F �, >�... .fP'e..x y fr �` CIaFMgt,0U i ...... VM g. Municipal By-Law Complaint Form 75% Cornplalrit Details Property Owner, Canada Post �)Bell Rogers Hydro One J Veridian i..i Enbridge CID Rail CN Rail other/Don't Know Optional photo of the graffiti Select oad: File size restricted to:5000 KB File type restricted tD:GIF,IPG ............................ i Browse... ............... File Name: File Description:I ............................................................._._...._......__......_.__......__...... ._............_.....__._.._......_......_..._.........._... Upload Files Uploaded: Description_ Once the complaint is filed, Staff will forward a copy to the appropriate property owner and track the removal of the graffiti.