New clause 6 - Graffiti removal notices
Anti-social Behaviour Bill
3:00 pm
'(1) Where there is graffiti to which this section applies in the area of a local authority on a surface to which this Act applies, if that authority considers it to be detrimental to the amenity of the area or offensive, they may—
(a) serve a removal notice on the owner of the structure, apparatus or plant which include the surface; or
(b) if after reasonable inquiry the identity of the owner cannot be ascertained, affix a removal notice to the surface.
(2) A removal notice is a notice requiring the owner to remove or obliterate the graffiti within a period specified in the notice, being not less than 14 days after the service or affixation of the notice.
(3) Subject to the right of appeal mentioned in section 2, if the person required by a removal notice to remove or obliterate graffiti fails to do so within the time limited by the notice, the local authority may themselves remove or obliterate the graffiti and they may recover from the said person the expenses reasonably incurred by them in so doing.
(4) In proceedings by the local authority against the person served with the notice for the recovery of any expenses which the authority are entitled to recover from that person, it shall not be open to that person to raise any question which could have been raised on an appeal under section 2.
(5) Sections 291 and 293 of the Public Health Act 1936 (c.49) shall have effect as if references therein to that Act included references to this Act.
(6) Graffiti to which this section applies includes any writing, letter, picture, device or representation, other than an advertisement within the meaning of the Act of 1990.'.—[Siobhain McDonagh.]
Brought up, and read the First time.