Agenda item

This report seeks approval for a proposed policy and procedures for the removal of graffiti on property throughout the city, including private property.

Resolved:

(i)           That the Graffiti Policy be approved, and the set of parameters and expectations for the team to operate within, be agreed.

(ii)         That the use of a consent form for signing by property owners for graffiti removal from private property be noted. Without written consent from the property owner, City Of York Council would not remove graffiti from private property (except where, in exceptional circumstances, the Council may have chosen to serve a notice on the owner requiring removal of offensive graffiti using statutory powers and the owner had not complied with such a notice). 

(iii)        That the proposed charging structure, which will be built into the fees and charges for consideration in budget setting, be noted.

Reason: To give effect to the Council decision to fund graffiti removal from private property. 

The Executive Member considered a report that sought approval of a graffiti removal policy and agreed set of parameters and expectations for the team to operate within.

The Assistant Director of Transport, Highways and Environment and the Head of Highways and Fleet were in attendance to give an update and they confirmed that the supplementary budget, approved by Full Council, had provided additional funding to extend the removal of graffiti to private property.  They highlighted the proposed policy and procedures regarding  the new graffiti removal service and confirmed that:

·        Enforcement action was not within the purview of the Assistant Director of Transport, Highways and Environment or within the Executive Members portfolio but the Council had, in exceptional circumstances, enforcement powers.

·        Written consent must be received from the property owner before removing graffiti from private property, however if the property owner refused to give such consent and declined to remove the graffiti themselves, the Council had statutory powers to serve a notice on the owner requiring them to remove graffiti classified as offensive and could enter the land, remove the graffiti itself and recover the cost of doing so from the owner, if the owner did not comply with such notice.

·        Graffiti could only be removed from a surface on which graffiti wipes or a specialist pressure washing system could remove it and in some instances, it would be necessary to paint over the graffiti.

·        Graffiti removal was offered free of charge to domestic properties and would cost commercial/industrial properties including utility companies/public bodies and other service providers £57m2.

·        The ability to remove graffiti and the method used would be assessed on a case by case basis taking the health and safety of the operatives undertaking the work and the potential damage to properties into account.

In answer to the Executive Members questions regarding statutory undertakers, officers agreed to discuss the Councils statutory powers with the enforcement team and consult with the statutory undertakers regarding a service level agreement that would permit the Council to improve the current process of reporting, monitoring and removing graffiti from telecoms cabinets.

The Executive Member noted the proposed charging structure and thanked officers for their report.

Resolved:

(i)           That the Graffiti Policy be approved, and the set of parameters and expectations for the team to operate within be agreed.

(ii)         That the use of a consent form for signing by property owners for graffiti removal from private property be noted. Without written consent from the property owner, City Of York Council would not remove graffiti from private property (except where, in exceptional circumstances, the Council may have chosen to serve a notice on the owner requiring removal of offensive graffiti using statutory powers and the owner has not complied with such a notice). 

(iii)        That the proposed charging structure, which will be built into the fees and charges for consideration in budget setting, be noted.

(iv)        That officers be requested to consult with the statutory undertakers regarding a service level agreement that would improve the current system of reporting, monitoring and removing graffiti from telecoms cabinets and discuss the Councils statutory powers with the enforcement team.

Reason: To give effect to the Council decision to fund graffiti removal from private property.