Zoning for a property

Disclaimer

Click here to view an Adobe Acrobat Reader version of this document

 

Section	Description
Section 1	Short Title
Section 2	Intent and Authority
Section 3	Definitions
Section 4	Duties
Section 5	Prohibitions
Section 6	Removal of Graffiti
Section 7	Liens
Section 8	Penalties
Section 9	Exemptions
Section 10	Effective Date

 

SECTION 1.0 SHORT TITLE

This ordinance shall be known, and referred to as the: WILL COUNTY GRAFFITI BANNING ORDINANCE.

SECTION 2.0 INTENT AND AUTHORITY

2.1 INTENT: This ordinance is adopted to provide for the health, safety and welfare and the best interests of the county and its residents, these rules and regulations provide for prompt removal of graffiti, and provide for suitable penalties for the violations established by state law since the County of Will recognizes that certain criminal activity may occur within the county relating to the defacement of private and public property; and, the presence of graffiti on property within the County of Will offends the aesthetic sensibilities of its residents, decreases property values, is often an incitement to crime, is an act destructive to property, and the placement of graffiti is a form of criminal activity.

2.2 AUTHORITY: The County of Will has the power by law, pursuant to 55 ILCS 5/5-1078.5 to have the County Board ban graffiti within the county, except within the corporate limits of a municipality, and may establish penalties.

SECTION 3 DEFINITIONS

For purposes of this ordinance, the words and terms defined in the Sections which follow this Section Shall have the meanings therein given, unless the context otherwise clearly requires.

3.1 GRAFFITI: means any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture or letter placed, without the express written permission of the owners and the obtaining of a properly issued sign permit by the owner if required by the Will County Zoning Ordinance, upon the real or personal property of said owner.

3.2 COUNTY: The County of Will, Illinois. SECTION 4 4.0 DUTIES 4.0 It is the duty of the Will County Sheriff to provide written notice of the graffiti ordinance violation to the property owner, to provide a written incident report of the graffiti incident and forward the report to the Will County Executive of his designee.

SECTION 4.0 DUTIES

It is the duty of the Will County Executive or his designees to conduct inspections of buildings, structures, both of real and personal property, to determine compliance with this Ordinance, and to notify in writing the person responsible for the removal of the violation indicating the nature of the violation and ordering the action necessary to correct it.

SECTION 5.0 PROHIBITIONS

5.1 PROHIBITIONS: It shall be unlawful for any person to place graffiti upon real or personal, public or private property of another.

5.2 ACT OF GRAFFITI: It shall be unlawful for the owner and/or occupant of fixed, real or personal property, which is in public view, to place, maintain, or give permission for the placement of any graffiti on such property without having first obtained a properly issued sign permit if required by the Will County Zoning Ordinance.

5.3 MATERIALS USED: It shall be unlawful for any person to possess, while in any public building or public facility or while on private property, a spray paint container, paint, ink, marking pen which contains a non-water soluble fluid, brush, applicator, or any other material for marking, scratching, or etching with the intent to use such material in violation of Sections 5.1 and 5.2 hereinabove.

SECTION 6.0 REMOVAL OF GRAFFITI

The County hereby declares graffiti as defined in Section 3.1 to be a nuisance, and as a nuisance, subject to abatement as provided herein:

6.1 NOTIFICATION BY COUNTY: The County shall notify the property owner of the violation that graffiti has been placed upon their property, located in unincorporated Will County, and that the graffiti shall be removed within ten (10) days from the date of notification to the land owner.

6.2 ACT OF REMOVAL: Upon written notification by the County, the owner of the property upon which the graffiti has been illegally placed, shall remove the graffiti within ten (10) days from the date of notice. If property owner does not remove the graffiti within the time specified, the County, through its agents is authorized to enter upon the property of the owner and remove the graffiti, and the owner shall be subject to the reasonable costs of removal of the graffiti by the County. If these reasonable costs are not paid within two (2) weeks of the receipt of the bill, a lien will be recorded with the Will County Recorder of Deeds against the property upon which such structure is located.

6.3 INABILITY OF OWNER TO REMOVE GRAFFITI: The County shall remove graffiti from the exterior of private property if the owners inform the County of the presence of such graffiti, and of their inability to remove the graffiti from their property. The owner of the private property will be required to pay the County for the reasonable costs associated with the removal of graffiti. Owners must sign a statement authorizing the removal of the graffiti by the County, and must sign a release holding the County harmless from any claims or suits brought or damages pursuant to any adverse or injurious effects of such chemicals, or from the actions of the County, or its employees to remove the graffiti.

6.4 EXTENSION OF TIME: An extension of ten (10) additional days in which graffiti must be removed may be granted by the County Executive or his designees upon request of the property owner.

SECTION 7.0 LIENS

This lien shall be superior to all other liens and encumbrances, except tax liens, when the Notice of Lien has been properly filed. The lien of the County shall not be valid as to any purchaser whose rights in and to the real estate have arisen after the removal of the graffiti and before the filing of the notice. The lien of the County shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to the real estate arose before the filing of the notice.

7.1 LIEN RELEASE: The lien shall be released by the County upon receipt of full payment of the removal costs by the property owner or persons interested in the property. The release may be filed of record as in the case of filing notice of the lien.

7.2 LIEN ENFORCEMENT: The County of Will may enforce the lien proceedings to foreclose as in the case of mortgages or mechanics liens. An action to foreclose this lien shall be commenced within two years after the date of filing notice of the lien.

7.3 REASONABLE COST OF REMOVAL: The reasonable costs of removal of the graffiti shall be recoverable by placing a lien upon the property where the graffiti was removed. The County Executive may provide for such removal or contract with a private entity to remove the graffiti.

7.4 NOTICE OF LIEN: Notice of lien for removal costs shall be filed in the Will County Recorder’s Office within sixty (60) days after the costs are incurred. The notice shall consist of a sworn statement setting out the following:

1. Description of the real estate sufficient for identification;
2. Amount of money representing the costs incurred for the service; and
3. The dates(s) when the costs were incurred by the County.

SECTION 8.0 PENALTIES

8.1 OFFENDER: The penalty for violation of Section 5.1 hereinabove shall be not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00). In addition to said fine, the offender may be ordered by the Court to pay restitution to the property owner for costs of restoring the property to its condition prior to the application of the graffiti.

8.2 OWNER OF PROPERTY WITHOUT SIGN PERMIT: The penalty for violation of Section 5.2 hereinabove shall not be less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

8.3 PERSONS FOUND WITH MATERIALS USED FOR OFFENSE: The penalty for violation for Section 5.3 hereinabove shall not be less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00).

8.4 GANGS: Any person convicted of a violation of Sections 5.1, 5.2, 5.3 or 5.4 hereinabove, who is also found to have been a member of a street gang, as defined under the Illinois Street Gang Terrorism Omnibus Prevention Act, 740 ILCS 147/1 et seq., at the time the offense was committed and who is found to have violated said Sections in conjunction with gang-related activities, shall be subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) in addition to other penalties provided in this Section or any other local, state or federal laws.

SECTION 9.0 EXEMPTIONS

9.1 PUBLIC OFFICIALS AND UTILITIES: The prohibitions of this Section shall not apply to governmental officials and employees or employees or official representatives of any public or private utilities with respect to the posting or labeling of tags, notices or markings on buildings or other property while in the course of their employment or in the performance of their official duties.

9.2 AFFIRMATIVE DEFENSES: It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, who has a valid sign permit if required by the Will County Zoning Ordinance, demonstrating that the owner was aware of the content or method of the inscription to be placed on the structure or wall.

9.3 FUNDING: Funds for the County to remove graffiti, when necessary, shall be made available to the County Executive or his designees upon his request to the Finance Committee.

SECTION 10.0 EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after its passage and approval by the County Board.

APPROVED: May 18, 2000