§ 37-7. Removal of graffiti., Chapter 37. Graffiti, Code of Ordinances, Paulsboro

The owner of any public or private real property which has been altered with any form of graffiti shall be required to either restore the defaced and/or altered surface by removing the graffiti within 90 business days after notice to the owner and/or agent of the owner of the real property by the Chief of Police (or his designee) in accordance with N.J.S.A. 40:48-2.59.

Said notice shall be by certified and regular mail and shall include a form to be utilized by a property owner to certify to the Chief of Police or his designee that the graffiti has been removed. The certification shall be made under penalty of perjury.

An owner who has been ordered to remove graffiti shall respond to the Chief of Police or his designee:

(1)

By personal delivery or by certified mail and within 30 days of the date of the order any objection; or

(2)

By instituting a challenge before a court of competent jurisdiction within 60 days of the date of the order; or

(3)

By personal delivery or by certified mail and within 90 days of the date of the order by submitting a certification asserting that the graffiti has been removed.

If said graffiti is not removed within 90 business days after written notice is issued, unless an action challenging the order is still pending, the Chief of Police, his designee or the Borough of Paulsboro shall have the right to issue a summons and to enter the premises to remove the graffiti and put the premises in proper condition so as to comply with the requirements of this section. See N.J.S.A. 40:48-2.59.

The cost of abating such nuisance, removing the graffiti, shall be at the sole cost and expense of the property owner. The actual cost of the removing the graffiti, the cost of inspection and other costs incidental to such removal shall be itemized and certified by the Chief Financial Officer to the Borough Council and shall be forwarded by certified and regular mail to the property owner and/or agent for reimbursement.

Pursuant to N.J.S.A. 40:48-2.12f or any successor statute, the amount thereof shall be entered as a lien upon the real property. Said lien shall be added to and become a part of the taxes to be assessed against and levied on the real property, and the same shall be collected and reinforced in the same manner as taxes.

If the Chief of Police or his designee determines that any graffiti is a danger to the health, safety, or welfare of the public or may cause fear of unlawful bodily violence or which may expose another to threats of violence, then the Chief of Police or his designee may request that the graffiti be removed within 48 hours of the notice.