BOROUGH OF POOLE
ENVIRONMENT OVERVIEW GROUP
15TH NOVEMBER 2007
GRAFFITI REMOVAL SERVICES
1. Purpose and Policy Context
1.1 The report seeks to provide members with options by which the Council’s graffiti removal service could be expanded to introduce a service to private property owners within Poole.
2. Decision Required
2.1 That members support the introduction of a 12 month trial policy to deal with graffiti on private property summarised as follows:
· Provide a free graffiti removal service to residents and businesses of Poole when a indemnity form is signed by the property owner and the cost does not exceed £100.00 * subject to service restrictions
· Provide a chargeable service to private property owners when graffiti exceeds 4 sq metres in size, is above 3 metres in height or is on such surfaces that standard treatment techniques are not suitable
· Continue to offer Community Graffiti Removal kits to assist private property owners and encourage ownership of the issue.
· Formalise utilisation of enforcement powers under the Clean Neighbourhoods & Environment Act 2005 and the Town & Country Planning Act against any property owner unwilling to clear/or have their property cleared of graffiti
3. Background Information
3.1 Graffiti on private structures is an increasing problem within the Borough and one which spoils the appearance of, and contributes to the fear of crime in the locality. The removal of graffiti quickly can make a neighbourhood feel safer.
3.2 Graffiti can be defined as any drawings, scribbles, messages or ‘tags’; that are painted, written or carved on walls and other surfaces. Graffiti is criminal damage and one that has become a really expensive problem. Removing graffiti costs the UK over £1 billion per year.
3.3 The Local Government Act 2000 gives the Council the powers (not a duty) to remove graffiti from private buildings and structures. Enforcement powers to force property owners to remove graffiti are available but with limitations under the Clean Neighbourhoods & Environment Act 2005 and the Town & Country Planning Act 1990.
3.4 The Government has recognised the significance of the impact of graffiti. It introduced a Best Value Performance Indicator in 2005/06 (BVPI 199b) to measure/monitor the amount of graffiti, which can be seen from public thoroughfares, on private and public structures, building or equipment is monitored as part of Best Value Performance Indicator 199 for Street Cleansing.
3.5 The Council’s current policy is aimed at removing graffiti from the Highway and Council property, deploying a dedicated Environmental Response Unit launched in 2004 to tackle incidences of graffiti (891 since June 06), fly posting (113 since June 06) and chewing gum blighting Poole’ streets.
3.6 The success of the service has seen the Council delivered a £260,000 reward grant following the achievement of targets set out in the Local Public Service Agreement (LPSA) 2006/07 for environmental improvements.
3.7 The Council currently offers free graffiti removal kits to residents and businesses in Poole. Since 2007 35 kits have been loaned to individuals, with a further 30 kits issued to local groups. These are regularly used to assist local environmental improvement initiatives.
3.8 Strong partnership working has also been developed between the Borough of Poole, Borough of Bournemouth, Poole Youth Offending Team and Virgin Media to tackle graffiti on both private and council property as part of reparation programmes for young offenders. Further partnership work in this area is underway with Network Rail and other property owning organisations.
4. Local Environmental Impact of Graffiti
4.1 BVPI 199b (graffiti) inspections take place from the public highway/open space. Inspections take account of all graffiti that can be seen from that point. This includes graffiti on private property, which the Council under its current policy does not remove. The existence of graffiti on private property spoils the appearance of the public realm and adversely impacts on the Council’s BVPI 199B score.
4.2 BPVI 199b results for 2006/07 show that of the 900 transects surveyed graffiti was evident at 3% of locations surveyed whilst standing on public land.
4.3 The prompt removal of graffiti can assist in the prevention of a downward spiral of neglect and dereliction of areas. Breaking the cycle of graffiti by constantly removing new incidents will ultimately, dissuade the perpetrators from re-offending supporting the Safer Neighbourhoods Initiative.
4.4 Graffiti is criminal damage, enforcement powers are not directly available to local authorities to deal with this beyond issuing ‘fixed penalty notices’ (FPN’s). In order to issue a FPN an Authorised Officer of the Council must witness the act. The Police can take action, however must also catch the perpetrators in the act or be able to identify them from external intelligence sources such as CCTV and covert cameras.
4.5 Graffiti on private property ultimately adversely affects the quality of the local environment, but property owners/graffiti victims may be unwilling or unable to have the graffiti removed. If the Council removes only the graffiti on the highways and its own property, this work is often undermined by more prominent graffiti on private property.
4.6 Long standing graffiti appears to be a significant part of the problem within Poole, because it is ignored, it becomes part of the background landscape in some locations contributing to community dereliction, it masks new graffiti which is therefore also under reported. Removal of long standing graffiti would reduce the overall amount and have a corresponding impact on quality of life and reducing fear of crime. A ‘clean street’ will to an extent deter further attacks, and increase the likelihood of graffiti being reported, trough increased pride in the neighbourhood
5. Best Practice
5.1 Many local authorities already have an adopted policy of tackling graffiti on private surfaces. All taking slightly different approaches but commonly all get indemnity from the owners/occupiers of the properties affected prior to removing graffiti.
5.2 Broadly most Council’s offer a reduced fee service for local businesses/residents or a limited free removal service for residential properties. Many will remove graffiti for no charge but will only respond to reported incidences. Bournemouth Borough Council has recently agreed to introduce a service to deal with graffiti on private property like that proposed here.
Some Councils offer a chargeable service. Examples include:
· Reading - £50.00 minimum charge
· Hinckley & Bosworth - £25.00 per ½ hours work
· Rugby - £30.00 per hour
· Nottingham - £30.00 per hour
6. The Way Ahead
6.1 The Council’s Environmental Response Unit has allocated funding until 2009/2010.
The funding provides:
2 x Cleansing Operatives £39,972 per annum
1 x High Pressure Jetter £5,500 per annum
1 x Citroen Van £5,500 per annum
The team is dedicated to the removal of graffiti, fly posting and chewing gum from Council owned land/property. Through service efficiencies the team could provide a degree of flexibility to incorporate an element of ‘private works’ subject to demand.
6.2 Policy for Free Removal of Graffiti from Private Property
It is proposed that the following conditions shall apply where residents or businesses ask the Council to remove graffiti from private property or where the Council may wish to remove such graffiti as part of initiatives e.g. ‘Safer Neighbourhoods’:-
· The graffiti must be readily accessible and fall within Health and Safety requirements
· The affected area must not exceed 4sq metres in size and treatable surfaces are limited to brickwork, concrete, metal or similar.
· The cost to the Council for the work does not exceed £100.00
· The resident or business requesting such work must sign an agreement indemnifying the Council from liability for any damage caused by the removal of the graffiti. See appendix 1
· Unless the graffiti is offensive or racist removal will be carried out on a programmed basis (normally within 14 days resource permitting)
· Where graffiti is on a painted surface, the service will only allow for painting over the area of graffiti and an exact paint match cannot be guaranteed because of fading of original colour and manufacturing differences.
6.3 Enforcement Action
Any property owner refusing to allow the Council to remove small areas of graffiti, or owners not prepared to pay for the removal of graffiti from larger or high level areas, may be subject to appropriate enforcement action in accordance with The Clean Neighbourhoods & Environment Act 2005 or The Town & Country Planning Act 1990.
As per the powers afforded to the Council, officers may serve either 28 day removal notices in accordance with The Clean Neighbourhoods & Environment Act 2005; specifically targeted at utility companies and owners of other street furniture or apply a section 215 notice in accordance with the Town & Country Planning Act 1990 prior to any removal and subsequent recharge being undertaken.
It should be noted that the use of such powers are not clear cut and can involve considerable officer time in their preparation/follow up. The Clean Neighbourhoods and Environment Act should only be used when attempts at partnership working and co-operation have failed to achieve desired improvements to the local environmental quality of an area.
6.4 Charges to Private Property Owners
For treatment of larger areas (anything exceeding 4 sq metres), graffiti above 3 metres in height or for surfaces requiring specialist treatment a fully chargeable graffiti removal service would apply. Each case would be individually quoted for by a Council Officer. Proposed charges include:
Service / Charge 07/08Hire of cherry picker/scaffolding/etc / Price on application
Removal by pressure washer / £55.00 per hr
Use of chemical graffiti removers / £20.00 per litre +VAT
Removal by repainting walls & fences / £45.00 per hr + cost of product
Application of anti graffiti coatings / £45.00 per hr + cost of product (£200.00 per 5 litres +VAT
Please note: No works carried out over 3 metres in height prior to a full risk assessment being undertaken
No works will be carried out on sensitive areas, historic surfaces, or listed buildings
Colour matches will not be exact
No works will be undertaken unless an indemnity form is completed and signed by the property owner
6.5 Leave the Current Service Provision Unchanged
Alternatively, the Borough of Poole may choose to leave the service provision unchanged focusing only on Highway and Council owned property with proactive promotion of Community Graffiti Removal Kits to empower residents/businesses to take ownership of the issue and invest in further establishing partnership working with major private property including utility companies to target graffiti removal across the Borough.
7. Proposal
7.1 That members support the introduction of a 12 month trial as outlined above. During which time officers will compile comprehensive service statistics to ascertain the effectiveness and demand for the service. To include total number of graffiti incidents both reported by members of the public and those found by Council officers, total number of reoccurring incidences of graffiti and removal costs to the Authority. To be reported back to Members at the end of the trial period for review.
Shaun Robson
HEAD OF ENVIRONMENTAL & CONSUMER PROTECTION SERVICES
Contact Officer
Steve Chapple
Waste Services Manager
Tel: 01202 261760
Appendix 1
BOROUGH OF POOLE
AGREEMENT FOR THE PROVISION OF GRAFFITI REMOVAL SERVICES
This agreement is made on (date)
Between:
a) Borough of Poole Council of Consumer Protection Services, Unit 1 Newfields Business Park, Stinsford Road, Poole, Dorset, BH17 ONF
b)
(“the Property Owner)
1. The property owner would like the Council to carry out works to remove graffiti, (writing, drawings, inscriptions, daubings and other marks)
From
(Specify location e.g. fence, wall etc)
at (the property)
Postcode
Telephone
Agreement
In making all reasonable efforts to remove graffiti using pressurised water, chemicals, paint and other materials (“the service”) as the Council considers necessary, the land owner shall:
· Indemnify, release and discharge the Council from and against any expense, liability, claim, or proceedings whatsoever arising in respect of any property, or any personal injury to the land owner, their tenants, invitees or any other residents of the property arising out of carrying out of the service; and
· Shall give the Council suitable access to the property to perform the service
· The most appropriate treatment method e.g. chemical removal, blasting or over painting will be used at the Council’s discretion. For areas where graffiti would benefit from being painted over, the property owner shall be responsible for supplying paint. Work will not be undertaken by the Council before it has received the necessary paint supplies.
· The Council may employ various techniques to remove the graffiti which may include blasting techniques. On certain surfaces, blasting may remove cement or mortar. Where this occurs, the Council will stop work immediately and no further work will be undertaken by the Council.
· There are inherent difficulties in work to remove graffiti and the outcome may not be entirely successful in all cases. The graffiti may not be removed totally and a shadow or other evidence of incomplete removal may remain after the Council’s work.
· In both cases no complaint or claim against the Council may be made by the property owner.
· The property owner acknowledges the inconsistencies and variable results inherent in the process of the removal of graffiti and will raise no objection nor make any claim in respect of any loss, damage or injury caused directly or indirectly to the property or any part thereof by the Council and its employees in carrying out the works.
I hereby agree to the terms of this disclaimer:
Signed by (the property owner)
Print name
Address
Date
Signed by (for and on behalf of the Council)
Print name Position
Date
1