City of Victoria does not have an ordinance to address control graffiti on buildings
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Have a question for 'Watchdog'?
To submit questions, e-mail watchdog@vicad.com or call Advocate Public Service Editor Gabe Semenza at 361-580-6519. No topic is off-limits.
From a public street, I spotted mass graffiti on the east side of the Regional Ambulances Service building, a private business at 702 Hiller St.
What I then learned revealed a hole in city ordinance.
The city fails to require residents to clean or cover graffiti that appears on private property. The city also lacks a budget and policy for removing the eyesores from public property. The city's code enforcement staff can't cite anyone for unsightly graffiti.
That's one reason why graffiti remains on the Hiller Street building more than two years after it first appeared.
"We could take it off, but then the next gang's going to come up and put it right back on," said Gussie Stafford-Felps, the business owner. "All we'd do is paint and be forced to paint again."
Stafford-Felps said she's tried to clean the graffiti, but to no avail. The cost of painting an all-brick building, and simply painting over the brick, also concerns her, she said.
To understand the city's role in removing public graffiti, I called Doug Cochran, director of the parks and recreation department. His crew cleans graffiti from most public places.
"If there's someone's name or curse words, we try to remove those immediately," Cochran said. "We do it as needed when our staff finds something out there during our normal routine. It's a manpower issue. I don't have a crew dedicated to removing graffiti."
Cochran's crew isn't allowed to remove graffiti from private property. What surprised me, though, is the department charged with removing public graffiti lacks a policy for how and when to do so. Graffiti removal costs don't appear on any city budget.
Additionally, Cochran's team doesn't track how much is spent each year to remove the nuisances, he said, or even how many times they do so.
In Cochran's defense, there is no city ordinance or guidelines for him to follow.
A Hiller Street homeowner said he reported the ambulance services building graffiti to police.
Detective Thomas Eisman said Victoria police investigate graffiti when property owners report cases of vandalism. Eisman can't make homeowners or business owners remove graffiti, though.
"If there's no city ordinance to compel someone to take action, we can't force them to," he said.
Why doesn't the city have a graffiti ordinance? Other Texas cities such as Corpus Christi and Fort Worth do. I called City Councilman Tom Halepaska.
"Most city's rely upon the ordinances that are on the books," Halepaska said. "I'm reluctant to take on one more burden. Should we just outlaw jerks? Every ordinance is aimed at outlawing some jerk. You tell me who has solved it and we'll follow their lead. You can blow a lot of money and not be effective."
Corpus Christi city council deemed graffiti alarming enough to devote a 1,924-word ordinance to it. The ordinance works to help prevent the spread of such vandalism, and to systematically remove it from public and private places.
"Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are infected and become less desirable places in which to live and support families," the ordinance notes. "Graffiti erodes property values which reduces critical tax base. Graffiti intimidates citizens and promotes a lawbreaking environment."
To combat the city's graffiti, the ordinance:
Requires residents to remove graffiti from private property, or pay fines.
Provides public information on free and restitutional graffiti removal programs and on contractors who perform removal services.
Coordinates governmental and volunteer graffiti removal programs via the formation of a task force made of community stakeholders.
I have questions for Diana McQueen, the Corpus Christi graffiti program coordinator. Unfortunately, she was unavailable for comment on Tuesday.
I want to know:
What year did the council pass the ordinance?
Is the program effective? Is that supported with data?
How much does the ordinance cost the city?
I plan to follow up in a story or in my next column with answers to those questions. For now, passing a similar ordinance here is a solid option to at least debate, no doubt.
As for Stafford-Felps, owner of Regional Ambulances Service, she promises to cover her building's graffiti.
"I'll paint over it, but it's going to mess up our brick. I'll have to paint the whole building," she said. "But if they do it again, and I guarantee they will, I'm not going to repaint. That's another costly expense."
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Aubrey why do you always think that it's the resposibility of the City,School,other people or the babysitter to take care of your or anyone elses kids. It is the parent who must fill this void. By planning a busy fulfilling life for your kids you will take care of them writing graffie om walls. But it is your responsibility to do this not the city's. Gee you think the government is the answer to everything.It Is Not
April 21, 2009 at 8:34 a.m.Legion, if I were you, I'd request to have a sidewalk brick with your companys name on it......it'd be interesting to know where the restitution $$ goes....Gabe why don't you find out.
April 15, 2009 at 8:51 p.m.True Vbb, restitution, yeah when?
My company is owed about errr $1200 dating back to 84, yeah the people where caught , order to pay restitution, but lord knows where it went, not to the victims that's for sure.
April 15, 2009 at 8:17 p.m.Barry, I did not say the government should pay, I said the perp should pay to reimburse the property owner. I also stated that the perps should do clean up on PUBLICLY owned property. I know of many cities that make their graffitists clean up their own & others handiwork. The perps do pay restitution but it does not go directly to the victim, it goes to the city, where it goes from there is anyones guess, probably into new sidewalks.
April 15, 2009 at 5:57 p.m.I don't think we need any more city ordinances requiring citizens to do something to their private property. This can get out of hand if an ordinance is passed that a private citizen MUST remove graffiti or be fined.
Yes, a business is going to take care of it as it impacts their livelyhood (without the need for an ordinance) but a private citizen should not be required to do anything to their property (unless it is a safety hazard) or be subject to a fine. We cannot legislate good citizitenship anymore then we can legislate morality. I would have to believe graffiti falls under vandelism and could be dealt with (the offenders) without additional ordinances.
We don't need more laws on the books we just need to enforce the ones we have.
April 15, 2009 at 1:34 p.m.What I want to know is how long it took Gabe to count the 1,924 words in the Corpus Christi ordinance.
Also, with all due respect to the honorable city councilman, being a jerk is not illegal. I should know.
April 15, 2009 at 12:57 p.m.VBB: I don't believe the government needs to get in the business of paying property owners to remove graffiti from their property. What's next, paying them for cutting their grass? Everyone has a responsibility to make our society work. If an individual finds himself in a position where he is being repeatedly victimized, he needs to take steps to end that. I believe the reason no entity will require an offender to clean up his handiwork is due to liability they would assume with regards to further or additional damage to the owner's property being done in the process along with any liability they might assume should the offender become injured in the process through the use of chemicals used to remove the graffiti. I know, I know, it sounds stupid, but it is a very real consideration. Monetary restitution is usually always required.
April 15, 2009 at 12:12 p.m.Are you kidding, I can hear it now...."Cruel and unusual Punishment" would be heard form every cell. I sure wish we could have a jail system that was self sustained.
April 15, 2009 at 11:05 a.m.Good Point! We are supporting a huge workforce in our jail...why don't we utilize them more?
April 15, 2009 at 10:06 a.m.Hmm, how about community service and restitution chores from people CONVICTED of a crime to clean it up.
April 15, 2009 at 8:24 a.m.It is expensive to paint brick. Is there any help out there for the business owner to recoup the costs of painting? The graffitists have no respsect for anyone, if caught they should not only pay hefty, hefty fines to go into an account to help buisness & home owners to be reimbursed for their costs of cleaning up their property, they should also be forced to clean & repair the damages done to public property caused by them & their ilk.
Until such time Victoria has a city ordinance addressing graffiti, I wouldn't bother fixing it either as it is just a drain on property owners. With an ordinance in place there should also be some help also for the property owners.
April 15, 2009 at 7:25 a.m.The broken window theory is true..... but why would a business owner let it stay? This is the face of your business. I own my own business and would NEVER let graffiti stay. Makes no sense.
April 14, 2009 at 11:11 p.m.Kind of the broken window theory Corpus uses, if a window is broken on a building, then why not break another?
Same with litter, if litter is already there, what difference does it make if more is thrown out.
April 14, 2009 at 7:42 p.m.