Councilors back graffiti law that puts onus on property owners

Property owners who fail to clean up graffiti on their homes or businesses within two months could soon face fines up to $200.

The City Council voted unanimously yesterday to fine property owners who don't remove graffito within 60 days of noticing it. If Mayor Thomas M. Menino approves the ordinance, it would take effect as soon as he signs it.

Councilor John M. Tobin of West Roxbury, the lead sponsor of the measure, said graffiti make neighborhoods look neglected, which can attract potential offenders. Tobin compared the graffiti fine to other maintenance charges the city imposes, such as shoveling walkways and cleaning up overflowing trash bins.

''When graffiti stays in a neighborhood, it is a sign to the bad guys that this is a place they can do business in," he said. ''Cleaning up graffiti is just as serious as shoveling the snow or cleaning up the trash."

Property owners can report graffiti to the city's ''Wipe It Clean," program, also known as Graffiti Busters, which will remove graffiti free of charge within 30 days of notification. If the owners choose not to call the city, they will have another 30 days to remove the graffito themselves or be charged, according to the ordinance.

Property owners will be fined $100 for the first offense and $200 for all subsequent offenses, the ordinance states.

Michael Bartosiak, executive assistant of the city's property management and construction department and coordinator of Wipe it Clean, said the city has received more than 800 requests to remove graffiti this year, mostly from East Boston, Jamaica Plain, and Mission Hill.

The city sends out two crews a day to wash off graffiti and spends more than $250,000 annually to support the program, Bartosiak said.

''We have no tolerance for graffiti in the city of Boston," said Bartosiak, who supports the ordinance. ''If you see it, report it."

Tobin said he is not trying to punish innocent property owners whose properties have been defaced, and he urged residents to contact the city's 24-Hour hotline at 617-635-4500 to have the graffito removed.

Tobin cited the ''broken window theory," a popular crime-watch belief that rundown neighborhoods can affect residents perceptions and foster an environment that attracts criminals.

''Graffiti affects the psyche of people every day when they see it," he said. ''When you see it in a neighborhood, when you see it on a building, and it's there for a long time, it gives you a bad feeling."

Some neighborhood activists applauded the measure yesterday, saying it would help make the city cleaner and safer.

''In order to combat crime we have a lot of things we need to do, and obviously that's one of them," said Barry Mullen, director of the Florida Corridor Neighborhood Association in Fields Corner.

Joseph Porcelli, founder of Neighbors for Neighbors in Jamaica Plain, said residents should be held accountable for what happens to their properties.

''There's a different vibe when you walk down a street without graffiti that has flowers and is clean," he said. ''People need to stop thinking in terms of 'Someone else is going to come take care of this for me' and be proactive."

But Delia Baez, owner of Mi Terra Restaurant in Jamaica Plain, said it's not fair for property owners to be charged for something they have no control over. Baez said she has painted over graffiti on the side of her building dozens of times, only to have it tagged again hours later.