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Lincoln may not be able to afford graffiti clean up

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By DREW KERR / Lincoln Journal Star

Monday, Jun 25, 2007 - 12:25:52 am CDT

Take a walk around downtown Lincoln and you’re likely to spot  only a few pieces of uninvited art.

That, seven months since the city put into effect a new graffiti ordinance intended to curb the crime, is the good news.

Here’s the bad: The person in charge of mandating compliance says the city may not be able to afford the required cleanups, the number of graffiti cases hasn’t fallen and not a single bid for the necessary cleanup work has been offered.

While it may be too soon to evaluate the ultimate success of the law, the shortcomings could become long-term issues, city ombudsman Lin Quenzer said . 

“It’s just one of those devils to get implemented,” she said.

The city will pay the up-front cost of graffiti coverup when a property owner fails to comply within the 15-day requirement. If owners don’t immediately pay, the city can put a lien on the property to recoup the bill. The owner isn’t required to clear the debt until he or she sells the property.

“There are some property owners who have no intention of selling within their lifetime,” Quenzer said. “It could be 20 to 30 years down the road before we get that money back.”

The 2006-07 fiscal budget provided $17,269 for cleanup efforts. Of that, $7,269 came from the discretionary funds of former City Councilwomen Patte Newman and Annette McRoy; the amount proposed in the 2007-08 budget is $10,000.

Among 200 notices sent since January, compliance has been around 90 percent, Quenzer said.

Work on properties left uncleaned will start as soon as a contractor is hired. City officials can only guess how quickly the labor costs will be repaid.

While she would not give an estimate of how much she thinks the work will cost, Quenzer said it is “more than we have budgeted.” She said she has “significant concerns” the city will be able to enforce the law without more money — a tough wish to grant given the city’s budget situation.

Newman, who was an advocate of the ordinance, said she realized more money would likely be needed. She said she requested $15,000 to $20,000, but was turned down.

Newman defended the law and said she expects it to prove successful over time.

“We needed to get out in front of it before we became a blighted community,” she said. “I think we’ve done that.”

Education efforts are still being coordinated, which could help curb graffiti, Newman said.

“Besides, we can’t say what the case would be if we hadn’t enacted the law,” she said.

Still, the numbers don’t appear to be dropping.

While the law made the crime a misdemeanor with a minimum $200 fine, graffiti remains an increasingly popular — and often gang-related — activity.

As of last week, police had recorded 472 graffiti cases this year, on track to match the 1,014 logged in 2006. There were 468 cases in 2005.

“Even taking into account the reporting phenomenon caused by all the publicity, most officers would agree there is more graffiti,” Police Chief Tom Casady said.

People who spray paint illegally are “not thinking, ‘Oh, this is a $200 fine,’” Casady said. “A far more important factor is the likelihood of apprehension.”  

Reach Drew Kerr at 473-7223 or dkerr@journalstar.com.


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Contractor?????? wrote on June 25, 2007 3:30 am:
" Let's not hire a contractor to clean this up. I am sure that the police in this town have a pretty good idea as to who does this. They are NOT a stupid bunch. Forget the two hundred dollar fine. Arrest those responsible and let their sentence be to clean it up. It's MUCH cheaper that way. And if that doesn't work I am sure that there are people that are currently lodged at L.C.F. that would be more than happy to get out for a while and clean this mess up. We need to stop sticking taxpayers with more and more bills that have to be paid. Which is ultimately what will happen if a business owner doesn't keep up with it. "

TC wrote on June 25, 2007 5:49 am:
" Why not incorporate the cleanup process into the justice systems -- both juvenile and adult? Require that a certain number of hours of offenders' community service be spent working on the cleanup process. This would save a LOT of money, considering labor costs have to be some of the highest in this cleanup effort. "

Dave wrote on June 25, 2007 7:07 am:
" I'm sure the city could find some illegal aliens to do the job at a third of the cost! "

Anna wrote on June 25, 2007 7:28 am:
" Yet, the city will pay tons of money to put up an eyesore of a mural on a skywalk downtown.... Makes no sense at all. "

ne lincolnite wrote on June 25, 2007 7:58 am:
" how about the city cleaning up the graffiti on city property before worring about private property!!! "

Neighbor wrote on June 25, 2007 8:03 am:
" We recently had a rash of what was apparently gang-related graffiti in our neighborood. Thanks to the city for cleaning it up as soon as it appeared. Hopefully it will discourage the gangs from infesting this area. "

KJN wrote on June 25, 2007 8:18 am:
" Once again, let's look at what those who are incarcerated do all day - watch tv, lift weights, read books, play games, etc. Get them out there to clean up the city. Let them see what some of our hard working contractors and others do who work out in the elements. Maybe then they would learn a little about having respect for someone else and their property, instead of thinking only about themselves. RESPECT, folks - so many out there don't have a clue what this word means. Notice that I didn't say "all" nor did I say "young". "

Work Release wrote on June 25, 2007 8:26 am:
" How about having some of the county incarcerated earn their keep? Organize details of 5 inmates and let them do the clean up. Or add the clean up onto some other misdemeanor offender's community service time. A Judge can give that kind of sentence. It shouldn't cost the city or the property owners one red cent. "

Roger Ramjet wrote on June 25, 2007 9:01 am:
" The ordinance doesn't go far enough. If a property remains with graffiti on it for six months after the lien is imposed, take the property by eminent domain under a health and safety standard, then raze it and sell it to a developer for redevelopment. That'll gete some slumlords moving. "

Letsdoit! wrote on June 25, 2007 10:26 am:
" Community service for juvenile probationers (or all probationers)! Plain, simple, and free. "

Shape up wrote on June 25, 2007 10:35 am:
" The city give 15 days to get the graffitti cleaned up??? Get real city!!! Maybe its time the citizens give the city 15 days to get things done. Good grief. People in this city are supppose to kneel at the foot of the city alter or else!!! At least give the people 30 to 60 days to clean it up, and if not done fine them. I'm sure the city will try to find a way to get more money out of the citizens like ALL the idiot things that are being done now. As long as the city keeps running P.D.Q. to clean it up it will only get worse, because the people doing it are playing a cat and mouse game with the city. Not only that there is a huge amount of bitterness in this town that multiplys destructive behavior, those that do that have the attitude, if we can cost the taxpayers more we'll do it. Instead of sending jailed to a cell to watch TV and free meals and a roof and bed, put them out to clean up the mess. I take food to the City Mission to feed the homeless laying out on the lawn under the shade trees. Why doesn't somebody in the city government use their heads AND maybe their hands, and quite constantly digging more and more and more and more and more money out of the taxpayers. Almost the highest taxed state in the U.S. and its a constant, "we don't have money for this and that and need to raise taxes." The taxes need to be coming down, not going up. Some people from out of state said, "with the high taxes Lincoln sure doesn't have anything to show for them." "

Barbara wrote on June 25, 2007 11:16 am:
" The question should be, can the city afford NOT to clean up graffiti? Leave it, and the problem will only get worse. Graffiti is associated with higher crime rates, property and neighborhood deterioration, and blight. Imagine how expensive dealing with all of that will be, City. "

JLB wrote on June 25, 2007 11:56 am:
" I have about 6 gallons of LATEX paint in my garage I'd like to donate to community services so that they can cover that unsightly scribble. To whom would I contact? There are plenty of good kids that have made mistakes willing to paint to make good on their community service agreement. I bet there is alot of paint just sitting in garages all over Lincoln. "

Nope wrote on June 25, 2007 12:05 pm:
" Anna, the mural you mention was paid for by the Updowntowners, a private group of downtown businesses. Not one cent of city money was used. "

City Joke wrote on June 25, 2007 12:31 pm:
" I think fair is fair. Give the property owner 15 days to clean up the graffiti and as well the property owner give the city 15 days to apprehend the criminals that create the graffiti. This way at least the property owner doesn't feel vicitimized twice. Once by the loser that painted their property and then by the city imposing fines because they were victims. If the city can't apprehend in the 15 days, then the citizens can start putting liens on their precious events centers. "

Dee wrote on June 25, 2007 12:34 pm:
" What is so hard about figuring this out, City? Listen to your constituents, those of us who pay these ridiculous property taxes. Make community service part of every, single probation sentence entered by the county court. I bet property owners, commercial or personal, would be happy to volunteer to monitor the probationees while they do some painting to cover the graffiti on their properties. Owners can furnish the paint, people on probation learn some lessons, city gets cleaned up . . . this isn't exactly rocket science, people. Stick with jail time if you catch these Morons who make the mess, and make THEM go out and clean up what they did and pay for it. "

pfft! wrote on June 25, 2007 1:45 pm:
" Maybe they could hire the Ice Cream Men who lost their jobs. "

whatever wrote on June 25, 2007 4:23 pm:
" If you had the fines from the fire truck fiasco. Or, the lost fines from Svoboda's gardening mishaps. What if folks, what if? "

Debra wrote on June 25, 2007 9:01 pm:
" Why isn't anyone upset about these inconsiderate, obstinate, law-breaking business owners? The law is the law - they should be cleaning the graffiti within 15 days, period. They aren't doing their part - what is their explanation?? "

whatever wrote on June 25, 2007 10:04 pm:
" Actually the private property owners should NOT be held responsible for cleaning/paying for the graffiti cleanup. That's like telling someone who has been robbed that they should be held responsible for paying for their loss and the prosecution of the offender, or telling a rape victim that it's there fault. We have criminal codes and laws, we have lawmakers and law enforcers. Their job should be to apprehend the offenders and hold them responsible for their crimes and cleanup. In addition the City should be held accountable finacially to cleanup the graffiti if their laws and law enforcement are incapable of enforcing the laws on the books. In NO WAY should the offended be held liable as criminals do the acts of the offender. This is another law that a good attorney could stamp out of the law books. Seems to me that Chief Cassady and the bunch are interested in the trivial and easy to prosecute, or are simply understaffed and underfunded to do the job they are sworn to do. In a way it's refreshing, this is the reward the "hang'em high" crowd bestows on society. "

I'd be gone wrote on June 25, 2007 10:52 pm:
" If I was a business owner with grafitti and given 15 days to clean it up, you can bet I'd be out of this town and state faster than fast. What are the police suppose to be doing while this grafitti is going on, taking a nap? "

Childless by choice wrote on June 25, 2007 11:10 pm:
" I always wonder if the people who yell the loudest about property taxes have children. The city's share is miniscule compared to the Lincoln Public Schools financial blackhole that endlessly sucks us dry. I've paid property taxes for 32 years and I'd rather see more city cleanup and fewer frills in the new schools we build. "

Sally Mae wrote on June 26, 2007 7:45 am:
" To Whatever: So if a vandal breaks a window in a business, is it the city's responsibility to replace that? What's the difference? What you seem to be missing is that without this ordinance gang graffiti can (and has) remain(ed) for months or years anywhere it appears. Maybe the visitor's center could add it to their Welcome to Lincoln brochure - "another appealing day trip: follow the trail to the Latin King or Surano neighborhoods and enjoy the colorful racist tagging on the next street". "

Wake Up Lincoln! wrote on June 26, 2007 8:31 am:
" Use the captive labor we have in our own local jails and prisons, they are costing us millions to have a lifestyle while incarcerated. They need to be mowing/planting the medians and ditch berms, cleaning and maintaining our Rest Areas, painting State Fair Park buildings when needed, picking up old tire shreds and trash from roads and interstates, and learning an applicable vocational TRADE like being a PAINTER to eliminate this graffiti wherever it is, personal or private property. We all pay taxes and we all pay for their upkeep - and likely they will be painting over something they or one of their friends have done. Nothing sounds better to me than forcing a Crip to paint over his own defacements. And the cost savings in labor can more than pay for their armed babysitters. OOPS! I forgot - guess this would mean the elimination of thousands of STATE JOBS and CONTRACTS that also cost us money and THAT might make sense. Sorry I diluted our Kool-Aid. I'll just shut up now and keep paying my taxes like a good little Nebraskan enjoying the Good Life. "

Conner Goertzen wrote on July 7, 2007 5:37 pm:
" Why spend so much effort, money, and headache on something so small as street art? I agree that gang signs and obvious eyesores should be eliminated from public right-of-way, but why the underlying paranoia for all public art? Some of this stuff actually looks pretty darn interesting. If the city is selective enough in getting rid of all of that gang nonsense and keeping the actual art, history proves that the value and attraction of the city will grow. "