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s 18

Notice requiring removal of graffiti

In force
Part 3Local government powers
Division 2Notices

18 Notice requiring removal of graffiti

(1)

This section applies to graffiti that is —

(a)

applied to property with the consent of the owner or occupier; and

(b)

visible from a public place; and

(c)

considered by the local government to be unsightly or offensive.

(2)

A local government may give a notice in writing to a person who is the owner of property or the occupier of a place on which graffiti described in subsection (1) is applied, requiring the person to ensure that the graffiti is obliterated in a manner acceptable to the local government within a time set out in the notice.

(3)

If the notice is given to an occupier of land who is not the owner of the property, the owner is to be informed in writing that the notice was given.

(4)

A person who is given a notice under subsection (2) is not prevented from complying with it because of the terms on which the land is occupied.

(5)

A person who fails to comply with a notice under subsection (2), without a reasonable excuse, commits an offence.

Penalty:

(a)

a fine of $5 000;

(b)

a further fine of $500 in respect of each day or part of a day during which the offence continues.

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Section 18 — Notice requiring removal of graffiti — Graffiti Vandalism Act 2016 (Western Australia) — Barrister AI