GRAFFITI ON PARISH-OWNED BUILDINGS

As from this month - April 2006 - it becomes a property owner's responsibility to clean graffiti from the property.  This is a duty under the Anti-Social Behaviour Act 2003.  South Cambs is the responsible authority for seeing that this duty is carried out.  If graffiti is not removed by the property owner, a notice will be received from South Cambs District Council informing the owner of his/her duty.  If the graffiti is not removed, the District Council has the power to remove it and charge the property owner for the cost.

For those residents who are interested, the full legislation can be found on the internet by asking your search engine for Anti-Social Behaviour Act 2003.  Below is a summary of the relevant parts which affect property owners:

"Section 48

2   The authority may serve a notice (a "graffiti removal notice") upon any person who is responsible for the surface imposing the requirement mentioned in subsection (3) below.

3   That requirement is a requirement that the defacement be removed, cleared or otherwise remedied within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.

4   If the requirement mentioned in subsection (3) is not complied with, the authority or any person authorised by the authority may remove, clear or otherwise remedy the defacement.

5   In exercising the power under subsection (4) the authority or any person authorised by the authority may enter any land to the extent reasonably necessary for that purpose.

49   Recovery of expenditure

1    A local authority may recover from the person on whom a graffiti removal notice was served expenditure reasonably incurred in exercise of the power under section 48 (4)"

The Parish Council's policy regarding graffiti

1   The Council will aim to remove graffiti from its own property within 2 working days of being notified that it is there.

2   The Council will not remove graffiti from property which it does not own.  It has been advised by the Association for Local Councils that it would be unwise to do so.  However, the Council will take the following action:

(a)  if graffiti is not removed within 4 weeks of the Council knowing about it a letter will be sent to the property owner informing him/her of his/her duty under the Act.  The property owner will also be informed that if he/she needs advice on how to proceed, then the Clerk should be contacted.

(b)  if graffiti is not removed after this letter has been sent, then the Parish Council has a duty to inform South Cambs District Council.

February 2007

The Clerk has received an email from South Cambs District Council about a new service which is being provided to remove graffiti and which is free to residents.  This is being organised by the Probation Service who will be working in our district on a Thursday and will be able to remove graffiti providing an indemnity form is completed and returned to the South Cambs Office.

They remove graffiti from most surfaces but find if it is on fences/wood it is better to paint over it rather than use the high pressure washer.

The Clerk will have an indemnity form should residents require one - contact her on 01954 780456, or call in and see her at the Office next to the Octagon.

Julia Howlett is the person at South Cambs District Council who is organising this service and her telephone number is 01954 713070, mobile 07789928243, email: .