(Amended by Ordinance No. 178352, effective May 28, 2004.)
A. Required Graffiti Removal. The owner or occupant of any
property in the City shall remove any graffiti from such property within ten
(10) days of the graffiti’s appearance.
1. Whenever the Manager determines that graffiti exists on
any structure in the City of Portland, the Manager may issue an abatement
2. The Manager shall cause the notice to be served upon
the property owner and any occupant. The owner or occupant shall have ten (10)
days after the date of service of the notice in which to remove the graffiti.
The Graffiti Abatement Manager shall have the sole discretion to grant the
property owner the option of giving the City written permission to enter on
the property and remove the graffiti.
3. Service shall be accomplished by addressing the notice
to the owner and occupant and sending it by personal service, registered mail
or certified mail. Service on the occupant may also be accomplished by posting
the notice in a clearly visible location on the subject property.
4. If graffiti is not removed or written permission is not
given to the City to remove the graffiti, the costs of removal may be assessed
to the owner and will become a lien on the affected property. For each
instance of graffiti abatement, the Manager shall keep an accurate account of
all expenses incurred, including an overhead charge of 25 percent for program
administration and a civil penalty of $250 for each abatement. In the event
that the measures taken are deemed by the Code Hearings Officer to be
appropriate, the cost for the same may be made as an assessment lien upon the
1. Within ten (10) days of the receipt of the notice, the
property owner or occupant may appeal the notice from the Manager to the Code
Hearings Officer of the City of Portland, as set out in Chapter 22.10 of this
2. Upon receipt of the appeal request, the Code Hearings
Officer shall set the matter for hearing within ten (10) business days. If the
Code Hearings Officer finds the property to be a Graffiti Nuisance Property,
and the owner or responsible party has been given notice in accordance with
Subsection B. above, the Code Hearings Officer shall specify when and under
what conditions the graffiti shall be abated.
D. Removal of Graffiti
1. The Manager may summarily abate any graffiti on any
utility poles and cabinets, on exterior walls and fences immediately abutting
public streets or property, or on any public property, including but not
limited to traffic signs and lights.
2. Whenever the Manager has reasonable cause to believe
that there exists upon any building or structure any graffiti requiring
abatement under this Chapter, the Manager may enter upon the graffiti nuisance
property at all reasonable times to perform any duty imposed on the Manager
under this Chapter, and to enforce the provisions of this Chapter. Upon the
failure to comply with the notice of abatement by the designated compliance
date, and if the property owner or occupant has not appealed the notice as
provided under Subsection C., the following steps may be taken if the graffiti
nuisance property is plainly enclosed to create privacy and prevent access by
a. If the graffiti nuisance property is occupied, the
Manager shall first present proper credentials and demand entry to cause the
graffiti to be abated. If entry is refused, the Manager may attempt to
secure entry by any legal means.
b. If the graffiti nuisance property is unoccupied, the
Manager shall first make a reasonable attempt to locate the owner or
occupant and demand entry. Such demand may be included in the initial notice
sent to the owner or occupant under Subsection B. above. If entry is
refused, the Manager may attempt to secure entry by any legal means.
(1) If the Manager has first obtained an
administrative search warrant to secure entry onto the graffiti nuisance
property to abate the graffiti, no owner or occupant shall refuse, fail or
neglect, after proper request, to promptly permit entry by the Manager to
abate the graffiti.
(2) It shall be unlawful for any owner or occupant to
refuse to permit entry by the Manager to abate graffiti under this Chapter
after an administrative search warrant has been obtained. Any violation of
this Subsection is punishable upon conviction by a fine of not more than
$500 and a jail sentence of up to six months.
c. If the graffiti is not removed and abated, or
cause shown, as specified above, the Manager may cause the graffiti to be
removed and abated upon issuance of an Administrative Search warrant.
(1) Graffiti Abatement. If the graffiti is not
removed and abated, or cause shown, as specified above, the Manager may
cause the graffiti to be removed and abated.
(2) Warrants. The Manager may request any
Circuit Court judge to issue a graffiti abatement warrant whenever entry
onto private property is necessary to remove and abate any graffiti.
(3) Grounds for Issuance of Graffiti Abatement
(a) Affidavit. A graffiti abatement warrant
shall be issued only upon cause, supported by affidavit, particularly
describing: the applicant's status in applying for the warrant; the
ordinance or regulation requiring or authorizing the removal and
abatement of the graffiti; the building or property to be entered; the
basis upon which cause exists to remove or abate the graffiti, and a
statement of the graffiti to be removed or abated.
(b) Cause. Cause shall be deemed to exist if
there is reasonable belief that a graffiti violation exists, as defined
in this Chapter, with respect to the designated property, and that the
property owner has been given notice and an opportunity to abate the
graffiti, and has not responded in a timely fashion.
(4) Procedure for Issuance of a Graffiti
(a) Examination. Before issuing a graffiti
abatement warrant, the judge may examine the applicant and any other
witness under oath and shall be satisfied of the existence of grounds
for granting such application.
(b) Issuance. If the judge is satisfied that
cause for the removal and abatement of any graffiti nuisance exists and
that the other requirements for granting the application are satisfied,
the judge shall issue the graffiti abatement warrant, particularly
describing the person or persons authorized to execute the warrant, the
property to be entered, and a statement of the general types and
estimated quantity of the items to be removed or conditions abated. The
warrant shall contain a direction that it be executed on any day of the
week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge
has specially determined upon a showing that it cannot be effectively
executed between those hours, that it be executed at any additional or
other time of the day or night.
(c) Police Assistance. In issuing a graffiti
abatement warrant, the judge may authorize any peace officer, as defined
in Oregon Revised Statutes, to enter the described property to remove
any person or obstacle and to assist the representative of the bureau in
any way necessary to enter the property and, remove and abate the
(5) Execution of Graffiti Abatement
(a) Occupied Property. Except as provided in
14B.80.040 D.2., in executing a graffiti abatement warrant, the person
authorized to execute the warrant shall, before entry into the occupied
premises, make a reasonable effort to present the person's credentials,
authority and purpose to an occupant or person in possession of the
property designated in the warrant and show the occupant or person in
possession of the property the warrant or a copy thereof upon request. A
copy of the warrant shall be left with the occupant or the person in
(b) Unoccupied Property. In executing a graffiti
abatement warrant on unoccupied property, the person authorized to
execute the warrant need not inform anyone of the person's authority and
purpose, as prescribed in 14B.80.040 D.2.c.(5)(a), but may promptly
enter the designated property if it is at the time unoccupied or not in
the possession of any person or at the time reasonably believed to be in
such condition. In such case a copy of the graffiti abatement warrant
shall be conspicuously posted on the property.
(c) Return. A graffiti abatement warrant
must be executed within 10 working days of its issue and returned to the
judge by whom it was issued within 10 working days from its date of
execution. After the expiration of the time prescribed by this
subsection, the warrant unless executed is
E. Graffiti Abatement Consent Forms.
1. The Manager shall develop consent forms allowing the
Manager to enter onto property to abate the graffiti without prior notice from
the Manager. The Manager shall make these consent forms available to the
2. Property owners and occupants may request and sign
consent forms for allowing graffiti abatement. The Graffiti Abatement Manager
shall renew the consent forms at least