Making graffiti victims pay

The Spec's John Kernaghan reports:

'William Pentilchuck could read the writing on the wall, but it was the small print in the city's graffiti warning that offended him.

Three half-metre high graffiti signatures, or tags, on the wall of his restaurant on Main Street East prompted a city order telling him to remove it or face fines of $100,000 to $200,000 or demolition of his building.

"Why the threats?" Pentilchuck said at his Delta Bright Spot Restaurant. "I'm not the perpetrator, I'm the victim."

Pentilchuk, who has operated the restaurant since 1961, said the tone of the order wasn't necessary. He quickly painted over the tags.

"Why aren't the perpetrators punished and forced to repair the damages they have done?"

His complaint comes as a joint city, police and community campaign has ramped up efforts to erase graffiti vandalism.

At the launch of the Do You Know a Tagger? program last week, Mayor Fred Eisenberger said the city spent about $750,000 last year cleaning up graffiti on public property.

The city received 1,571 calls about graffiti in 2009, up from 677 in 2008, and 138 people were charged.

Eisenberger appealed to citizens to call 911 if they witnessed a graffiti crime.

Meantime, Neworld Martial Arts next to the Delta Bright Spot has been hit by graffiti several times in the past four years.

"I just keep painting over it," said owner Michael Desrochers. "It takes time and some money, but you can't leave it there."

He was given a heads-up by police that he should deal with the most recent painted messages.

One included "I'm sorry. I'm drunk while I'm doing this" on his back wall.

Desrochers said the campaign against graffiti has included increased police patrols along his stretch of Main Street East.

Steve Bailey, superintendent of municipal law enforcement, said the city is working to show residents and businesses that it understands they are victims.

"We will attach a letter to each order emphasizing that and include some pamphlets which explain how to discourage graffiti."

Bailey said graffiti cleanup falls within a bylaw that includes the integrity of exterior walls and related safety, hence the severe penalties.

"It's a legal thing. We need those warnings in there if we ever have to go to court. But we don't want to go to court if it is about graffiti."

He said the strongest focus of the graffiti crackdown is on racist or profane messages.

"We want stuff with the F-word cleaned up as soon as possible, especially if it is near schools."

Kelly Barnett, the city's liaison co-ordinator with municipal law enforcement, says graffiti harms the community because it gives the perception of crime and gangs and can make people feel unsafe.

She said statistics show the faster a defaced property is cleaned up, the less likely it will be targeted repeatedly.'

What do you think? Should the city rethink the bylaw that forces victimized property owners to pay under threat of heavy fines? Is there a better way to do this?

Comments

[Ed2]

By chance I happened to read more about this Keenur dude who feels Hamilton is his personal billboard. Why do we, as in our officials who are supposedly to have the power to legally make decisions, keep coddling this guy because he has a childhood record that must be protected, so we cannot find out his actual name and make him stand up and take the 'Public Court' heat. He doesn't care about it so why should we?

Upon a future conviction, deem him banned from Hamilton period. End of problem.

If he does this in successive cities then he can live in a cave with his protected record.

This is why I and so many others have such a disgust for Corrections Canada or our Courts, the criminals gets all of the benefits while society gets all of the blame, and we must accept 'Turnstile Justice' that costs us millions as the idiot smirks at his Loophole Life.

Time to make the criminal account for such behaviour, even it he must clean up his own mess at his expense.

Sadly, he will be back out there as we must cater to this adult Momma's Boy.

Someone, at his next conviction should give him a blankie, warm milk and cookies, and a McHappy Meal coupon and send him on his way. That will teach him a lesson.!!

[Ed2]

A couple of opinions here;

Number One;

I cannot believe these 'Momma's Boys' who tag stuff are proud to paste their affiliation on the wall. They sneak around at night like frightened mice, spray, and then giggle all the way home to mommy and daddy's security, and with their cronies give High-Fives to the damage. They should receive an MBA from the City. That is a Momma's Boys Anonymous Certificate.

Secondly; When caught and legally convicted, make them set up a stand at their own cost in major area malls. They must provide a sheet of plywood and their own paint and must spray a logo on it and then remove it with sandpaper, all in public view. Sentence them to 6 months of this at their own expense, including any added security that may be needed should the 'Public Court' vent abuse towards them. After their mall stint they must clean up, again at their own expense, 100,000 square feet of public graffiti in all conditions of weather and times of day. Insurance coverage for this project would be at their own expense as well. OHIP should deny any treatment for spray can based claims or funding their recovery from such issues.

Now you have the little criminals not only cleaning up the mess but paying for it too. If they are that stupid afterwards well they just made a career choice for life.

In the end, society does not have an obligation to put up with a professional idiot.

And as for the adult who is mentioned in a previous blog, give out his address so we can make a one-time mistake of straying from the law and place urban art on his own house.

There is a solution here, we just need the higher-ups to have their homes sprayed before a solution will crash down on the Momma's Boys.

[give me liberty]

The reason it continues is because they aren't making an actual example of the people. You've got guys who ARE ADULTS like this "Keenur" dude who has vandalized well over 1000 different spots in the city and they gave him something like 50 days in jail. He's been caught since then and the sentences have been light once again... Now, I was walking down Main near Bay the other day and saw his newest works... "Keenur" scrawled across the side walk across from that other form of graffiti (the old revenue building). Can we not fine this guy heavily and throw him in prison for a year? He clearly has no intention of stopping. What else can you really do? All other "diversion" options have failed, the guy is a criminal and a really lame artist. Maybe if he was making pictures or something I'd say to go easy on him... But it's not, just some moronic spelling of his last name... Put him away... Now!

[jeanette mcmanus]

a phone call to the companies that have utility boxes covered in graffitti is all it would take and if not cleaned up then the city should remove the boxes and leave the eyesores on the property that belongs to them,or, charge the companies extra money each month that the mess is there DO SOMETHING ABOUT IT, DO NOT IGNORE IT,(why dont the workers in city hall have a go at scrubbing off the graffitti, after all if the rest of us can roll up our sleeves why cant the overpaid staff do something constructive?).

[-Hammer-]

I think anyone who is convicted of putting up graffiti should be forced into a mandatory 100 hours of graffiti cleanup community service that must be performed by the end of the year. The city then sets up a program that uses these individuals to combat the problem, that residents can utilize free of charge. It makes a new job to supervise and monitor them, keeps them out of the courts and provides the city a new service.

[Steven]

So many large Hamilton companies allow graffiti on their assets, and never clean them up, the majority of Canada Post boxes are covered in graffiti, newspaper boxes are covered too, these companies are poor examples of "good corporate citizens". City of Hamilton needs to clean up their own assets and force others major players to clean up their stuff too. Bell is the only company I know of that you can call and they will actually clean up their street equipment.

[jeanette mcmanus]

to the graffitti taggers,... how much do the drug dealers pay you to do the mess you make? obviously someone who has no morals or pride in thier city, and the suggestion by one reader to just shoot these characters,well, seeing as that is against the law why not spray paint them instead on the face, (oven cleaner will remove colour marker, paint remover is good for paint, but a long walk off a short pier is a good deterent with cement shoes, no doubt this can be arranged.

[Skip]

"The city can assign graffiti walls where kids are welcome to paint and draw on them."

Great idea, then we can have a park for muggers and rapists or designate random homes for crack houses and home invasions.

Why is nobody accountable for their actions(crimes) in this country. Ohh except the victims(the whole city) in this case.

One day some of these pukes will run into the wrong homeowner and learn a lesson the hard way.

[jeanette mcmanus]

to our reader who questions the act of the vandalizing going on and wants to know why most people are blameing the kids, well....its never been established that our grannies are promoting the drug dealing taggers(incidently our boys in blue know nearly all the codes and as the song goes,....bad boy bad boy what you gonna do?what you gonna do when they come for you?yeeahahaha.

[Mandy]

$100,000 to $200,000?? How is it possible that the victim is punished more than the criminal?? These graffiti "artists" get away with a slap on the wrist and they are banned from carrying around paint and markers. Very rarely are they punished more than that. This is ridiculous!

[craig duvall]

ALL you so called, COUNCILL PERSONS,i know you read this, are YOU LISTENING to the people of your wards? You better, election time coming,QUIT gouging the people and between all of you, i hope you can all find some other way to punish the proper people, like the culprits doing it, instead of the people who voted you in,I think you all owe at least that much,

[Dave]

We have prisons full of useless social parasites collecting 3 meals a day and getting no punishment in return for their actions. It's time to pull the people out of their cells and start making them earn their freedom with some hard earned community service. Get them back on the sides of the highways picking up trash, get them to paint over graffiti and make them remember why they are in prison and what it means to be a member of society!

As for the members of council and the intrepid leader, shame shame shame for trying to pin the ownus on the innocent.

Punish the guilty!

[Gene Simmons]

Why are we assuming it's young kids still in the care of their parents or guardians who are doing the graffiti??

[A. Hassan]

Some thoughts:
Punishment: Jail or apprehension supporters should consider the fact that detention cost tax payers sometimes much more than cleaning costs.
Heavy fines on legal guardians of the kid might work, but not all the perpetrators are kids. If the guilty or his parents cannot afford to pay then the legal system has to take precedence and we are back to the jail solution and thus spending tax money on courts, etc.

Alternative Solutions:

1. The "make-it-cool" solution:
The city can assign graffiti walls where kids are welcome to paint and draw on them. This at least would remove a good third of the perpetrators who do it for fun but still have some consideration towards the community they live in. It worked in many cities with the case of skate boarders after assigning special courtyards for them to get them off the streets.

1. The "make-it-a-business" solution:
An entrepreneur can set up an insurance-modeled cleaning business. Alternatively, a collective of business owners can make it as a collaborative insurance. The new Graffiti-Insurance company will collect small monthly payments from participant stores and business owners. The premiums depend on the size of the wall, exposure and frequency of past incidents. The contracts shall extend for two years minimum. This company will then guarantee cleaning of any graffiti after getting reported by the business owner within the legal time frame set by the by-law. The owner’s burden would be reduced (similar to insurance concept) and the new business would provide couple of job opportunities.
Also, the business can get its clients to give it the rights over damage claims from graffiti. This way the business, with the collective claim amount being high enough, can go to court against known perpetrators and thus do what the city and police are unable legally to do.

[Brian]

I personally think we need to start a neighborhood watch program all over the city.
We need to catch these people and make them clean up all the graffiti with a heavy fine.Maybe make them clean a few jail cells.
What is wrong with this city trying to fine the owners of homes and establishments.
We all work hard for what we have and these people need to be dealt with.
More residents need to stand up for there rights and watch for these nice people
It seems this city doesn't care about us as long as we pay these fines.
Parking also is a problem now that there are more families driving vehicles and no place to park on our side streets.A neighbor gets mad because he has no place to park and the next thing he rips off a mirror keys your car or sprays graffiti on your house.
I would like to see this city start protecting our residents instead of trying to fine us. Start using some common sense and get our city back the way it was by helping us instead of fining us.
I have a few thoughts how to handle these problems but they are also against the law and can't afford to be sued .Our neighborhoods are starting to be a war zone instead of being a place to come home and put our feet up.Say hi to our neighbours instead of getting the finger because I have a driveway and they park where I can't get my vehicle out.I could call the cops everyday and get them ticketed but I'd rather knock on there door and ask them to move where I can drive out.They have no place to park so be courteous.OOps there's a cop ticketing him for parking in front of my driveway and they think I called them!!
C'mon Hamilton lets all get along.

P.S.
A concered resident for 61 years and to old to do anything about this.
Why are we paying taxes and fines for something we can't afford and hire policemen and policewoman to ticket us instead of understanging what is happening to our neighborhoods.
Oh ya we need to pay for our new city hall and our mayor and our alderman and new stadium and revamp the downtown core. etc. etc.etc.

[ernest]

oops i forgot.That earthquake that hit ontario today will not affect the nuclear power plant that is built right on top it.there won't be an earthquake on that faultline because the engineers that built it says so.

[ernest]

Plz.your tax dollars are too important for these minor issues.can't you just clean up the mess at your expense or else.Plz never mind the derelict buildings they are part of our heritage and really the taxes are not paid on them anyways so plz let the kids paint them.just clean up your property or else.Don't forget to pay your taxes on time and in full .thankyou.Praise the Leader.

[Kathy Hagan]

I do not think that homeowners or business owners who are victims of taggers and spray vandals should be threatened with a fine if they have to remove this stuff on a frequent basis. The city who be removing the graffiti on buildings and create a fund for this.
Anyone caught spraying or vandalizing buildings should be ordered to clean all graffiti that is visible around the city and do so for one year no exceptions.

[t8]

Last year on CHCH they showed the police at one of the punks houses that goes by the tag name KEENUR.He had is own tag all over his bedroom and spraypaint cans everywhere.You would think this would be case closed,but I still see this clowns marks appearing everywhere.Come on police you know who this idiot is and where he lives,do something.

[Jay]

I'll make the city a deal... I've been watching graffiti in this city, and there's tons of it ON CITY PROPERTY that has been up for OVER A YEAR, without being removed. So, you know what.... When the city sets an example and starts doing their own maintenance, THEN and ONLY THEN will I allow myself to be threatened by their idiotic bylaws.

This city is going to s___t! They won't even mow the lawns on parkettes and road islands anymore. You can't see guardrails for overgrown grass.. Yet, what would happen if I let my grass go? Mr. Bylaw would show up.

I don't ever remember the city looking as crappy as it does this summer. Weeds and garbage everywhere. Everything has fallen out of maintenance.

Shame on The Corporation of the City of Hamilton.

[Tom Robertson]

Put the offenders in jail or a youth facility until restitution has been made. If their families want them back they will pay for or clean up the mess themselves. How can the City fine a property owner when our police just take the young offenders home to their parents and tell them not to do it again. Council should send a strong message to our police Chief through the Police Commission to use the full extent of the law.

[Peter Swire CMA]

Levying fines on a property owner is extremely underhanded and morally confused. The owner who conducts a honest business, employs people and pays his or her share of taxes did not intend to break the law. By logical extension, the property owner should be able to have their taxes reduced for the failure of the City and our Police to protect private property. This doesn't make any sense either.

The solution to the problem is a collective one. Firstly, educating people that tagging is a crime and should be reported promptly. Secondly, greater vigilence by the Police to identify the offenders. Thirdly, remove the silly bylaw. Finally, when the culprits are apprehended, have them clean up the mess not only for what they did but some form of general City-wide beautification plan.

[Larry]

What a joke, and well said 'Give Me Liberty.'

[Tanya]

my neighbor's side fence is open to a public greenspace area, he is constantly tagged and has cleaned it up for years with no improvemnt at upper wellington and concession, it happenned again and the bylaw officers showed up again to threaten them with a fine to clean it up. He told the officer he's out of money after the 40th time of painting it this year and that it faces onto public property that the city clean it up. Then the officer said they were out of money. she closed the door in his face and said me too. I think its ridiculous to expect the same homeowners and buiness to constantly repair damages caused by disrepectful uncaring unlawful citizens.

[steve sheen]

I think a certain amount of time given to remove it would be good without a fine.I cant see anyone leaving graffiti on when its not welcome.Sometimes i imagine the cost might be a bit high to remove it but hey if i owned a property and it happened to me i would do anything and everything to take it off.

[jeanette mcmanus]

how come that the parents or guardians do not check school bags or napsacks for spray cans?(or are thier kids innocent of any crimes?...duhh?of course if you phone city hall with a complaint re graffitti you are lucky if you get a sympathetic ear,...love the one about the ,tag artist, doing his damage and after he finished there was an off duty policeman taking a photograph of the whole mess!(nice photo for parents)! then,.. YOU ARE NICKED!"that will be a few hundred dollar fine please parents or guardians".

[shawn]

the city is slow at the removeal of Graffiti in my area but with working with the city and home,business.
owners the amount of tagging in down 60% and people like it when you can help out and not fine them as the city does. it would be nice to but a program in place for all that have Graffiti problems too help with the costs, and too know where to go for help in removeing it at a low cost.
i and a group of others go out in my area when we see tagging we go and see that person andd offer to help them i think the city should be doing this too.

[Tad Nugent]

Why can't we just shoot them?

[Ray]

I think for City Hall to be threatening business owners who have been around for 50 years and are basically an icon in the neighbourhood should be ashamed of themselves and there should be an internal investigation into this. How about taking the money left over from the City Hall renovations that they keep bragging about and put it towards removal of graffiti. After all if City councillors can vote themselves a raise they can vote themselves a graffiti fund.

[lalala]

I think there should be some sort of victim fund to help pay for clean up. Perhaps the BIA's could organize something?

[Catherine Ryan]

I truly agree with the store owners to some degree. If I owned a business or even a property that was abused with graffiti I would want the person responsible to do the necessary work to clean it up. Although this is very hard to catch these people I would cauntously want to clean it up myself because I would not want this destruction to be visible. I dont think that the police or city should be imposing fines to these people because yes they are the victims, and then there is the money aspect of the situation too. This is a very hard call and my sympathy goes out to all who have been victimized.

[Michelle Hruschka]

It seems a bit drastic that the city would threaten a business owner about graffitti which includes the demolition of the building, yet we have buildings in total disrepair all over the city.

It seems that the city should be spending more time go after the vacant landlords who are no where to be seen instead of harrassing viable businesses who are victims.

[Mark]

Just another example of the Authorities (Police and City Hall) going after the "low hanging fruit" again. I don't know what kind of moron thinks that spray painting a building is cool, but after their parents are given a slap for poor parenting skills the taggers, if caught, should be put in jail for a long time to hopefully scare the crap out of them. And there should be none of this crap of giving them a light slap on the wrist if they're minors either. They should have to spend some time in detention no matter what age they are. Maybe if we get them at a young age they may be hesitant to do it again...hopefully anyway.
Threatening the business owners with extreme fines is so like this city, though, especially if you see how joyfully they send their meter maids out to ticket cars during festivals like "It's Your Festival", and how quickly they want to change the free parking policy for the Market downtown, too.

[GIVE ME LIBERTY]

I see a lot of city property downtown which has remained "tagged" for more than a year. When is Mayor Fred going to get hit with fines for his staff's inaction? I can tell you that several of the waste containers across from the court house has graffiti all over it. There are ample examples of graffiti which the city has been slow to remove.