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PSF-2.03 - Graffiti

GRAFFITI
Administrative Rules Adopted by Police Bureau Pursuant to Rule-Making Authority
ARB-PSF-2.03


PROCEDURE (630.29)
 
Directive Specific Definitions
Graffiti: Unauthorized markings, visible from premises open to the public, that have been placed upon any real or personal property such as buildings, fences, structures or similar types of surfaces, through the use of spray paint, ink, chalk or dye or any other similar substance or the unauthorized etching or scratching of such described surfaces.
 
Graffiti nuisance property: Property upon which graffiti has been placed and is visible from premises open to the public and permitted to remain for more than ten days after the property owner of record and/or responsible party or occupant has been given a written notification requesting that the graffiti be re-moved as well as referrals to an organization(s) which supply a low cost graffiti cleanup.
 
Precinct Commander Responsibilities (630.29)
When a precinct commander has been advised by the following specific set of people, members of the Neighborhood Response Team (NRT) Neighborhood Liaison Officer (NLO), neighborhood coalition, or the Mayor’s Task Force on Graffiti, that a property has become a potential Graffiti Nuisance Property, the problem has been substantiated by PPDS statistics for Information and Referral’s (I&R) Graffiti Hotline, and he/she believes that a property is a potential Graffiti Nuisance Property, the commander may appoint a sworn member to pursue remedy as defined in City Code 22.
 
Notifications/Enforcement (630.29)
At the direction of the commander, the owner(s) of record and/or the responsible party, may be notified in writing using the Graffiti Nuisance Property Warning Letter, delivered by mail or in person, that their property has been identified as a potential Graffiti Nuisance Property. The Graffiti Nuisance Prop-erty Warning Letter, which explains that abatement attempts have been unsuccessful, and provides directions for assistance in graffiti removal, will be issued.
 
Notification in Person (630.29)
If, after initial notification, ten days have elapsed and the graffiti remains on the property, the commander may order a sworn member(s) to re-contact the owner/responsible party in person. Upon contact the member should investigate why the nuisance has not been abated. If the member finds that the owner/responsible party has not taken reasonable steps to abate the nuisance, the member may initiate a Notice of Hearing.
 
Notification by Mail (630.29)
In the event members are unable to contact the owner/responsible party in person, a certified letter may be sent to the owner of record and/or the tenants. This letter names the property as a Graffiti Nuisance Property, the precise conditions leading to this finding and requires removal of the graffiti within 72 hours.
 
If the owner fails to respond to the certified letter, and/or the member finds that the owner/responsible party has not taken reasonable steps to abate the nuisance, the member may initiate a Notice of Hearing.
 
Notice of Hearing (630.29)
To initiate a hearing before a City’s Hearing Officer, a Hearings Notice must be filed with the Hearings Office, either in person or by mail. The Hearings Office will assign a date. With this date the notice can then be served to the owner/responsible party to appear before the Hearings Officer in accordance with City Code 22.


References
 
City Code 14B.80 Graffiti Nuisance Property
City Code 22 Hearings Officer
City of Portland Graffiti Handbook (ONI)
City of Portland Notice of Hearing
Graffiti Nuisance Property Certified Letter (Operations Branch)
Graffiti Nuisance Property Warning Letter (Operations Branch)

 
HISTORY
Revised document effective January 20, 2006 and filed in PPD April 21, 2006.
Submitted for inclusion in PPD March 6, 2002.
Originally published as Directive 630.29 of the Portland Police Bureau Manual of Policy and Procedure, August 2001.