BY CINDY SCHROEDER
The Cincinnati Enquirer
ERLANGER -- Officials here are considering a law that would penalize property owners who fail to promptly remove graffiti, as well as those who deface buildings.
"What we're trying to do is throw some of the responsibility on business owners to get it cleaned up," said Assistant Erlanger Police Chief Jeffrey Kennedy. "Once something starts getting graffitied, it just seems to grow and grow."
Erlanger City Council will have the initial reading of the graffiti ordinance at its meeting at 7 p.m. Tuesday. Final approval would come later this month, if council agrees.
The proposed law, modeled after one adopted by the Jefferson County town of Shiveley, subjects anyone who creates graffiti to a maximum penalty of $500 and a year in jail.
Offenders also face a civil penalty of $100 per day for each offense. The law also allows the city to notify property owners, or anyone who controls a particular property, that they must eliminate the graffiti within a "reasonable" time frame, as determined by the city's enforcement officer.
The enforcement officer's orders becomes final seven days after the notice of violation is served, unless the property owner or occupant requests a review by the city administrator.
After a hearing to consider the evidence, the city administrator would decide whether or not to uphold the enforcement officer's decision.
"There are times when there's a legitimate excuse or reason for not being able to take care of the situation," said Erlanger Council Member Jim Gronefeld.
"The way it's written, it's very discretionary, so that we can consider things on a a case-by-case basis."
Tom Smith, owner of A&S Supply Inc., said his business was "tagged" last year by two juveniles and an adult, who were caught and had to make restitution.
"They had actually been here one night, and didn't finish their little art project, so they came back several nights later, and the police were waiting for them," Mr. Smith said.
He said he thinks the proposed graffiti law is fair.
"If you've got seven days to show them that you're putting the wheels in motion, that's fair," he said.
While Erlanger has experienced some sporadic graffiti incidents, Mr. Gronefeld and Police Chief Greg Sandel said the problem is not serious. Both said they wanted to take a proactive approach, rather than be reactive.
"Hopefully, it's something that'll never be needed," Chief Sandel said of the proposed graffiti law. "But we just want to be prepared."
