My recent experience with the City of Port Phillip (CoPP) in relation to dealing with unsightly graffitit was positive. After working through the issue of what constituted art or murals against normal graffiti, the Council Officer moved quickly and an eyesore in one street of St Kilda was resolved between the CoPP and the landowner. The building has now had rubbish removed and repainted.
Under the City of Port Phillip Community Amenity Local Law regulations 2023, there is something you can do with unsightly nature strips, rubbish, or buildings that are graffitied, dilapidated or otherwise in your area. Below outlines the regulations which can be sighted in any referral to the City of Port Phillip for actioning.
Dilapidated buildings are covered under Division 2, Section (c)
(c) must maintain any building or other structure in a state of good repair and appearance, including undertaking temporary repairs as required to ensure on-site safety and security and to avoid the appearance of neglect out of character with other premises in the vicinity.
Graffitied buildings are covered Council local law section 57 3(d)
(d) must not allow any graffiti to remain on any building, wall, fence, post or other structure or object erected on that land
Relevant Regulation: Division 2 – Premises – Unsightly or dangerous
Dangerous or unsightly land
(1) An owner or occupier of land must not allow that land to be kept in a manner which is dangerous or unsightly.
(2) An owner or occupier of land must not allow the nature strip or footpath adjacent to that land to be unsightly or occupied with furniture or other objects.
(3) For the purpose of sub-clause (2), where the land adjacent to the nature strip or footpath has one or more owner’s corporation, the owner of land includes those owners’ corporation.
(4) Without limiting sub-clause (1), the owner or the occupier of land on which is located any building or other structure which is unoccupied, unfit for occupation or normal use or not occupied most of the time:
(a) must not permit any building or other structure to become dilapidated or further dilapidated.
(b) must take all reasonable steps to secure the building or other structure and the land on which it is built from unauthorised access.
(c) must maintain any building or other structure in a state of good repair and appearance, including undertaking temporary repairs as required to ensure on-site safety and security and to avoid the appearance of neglect out of character with other premises in the vicinity.
(d) must not allow any graffiti to remain on any building, wall, fence, post or other structure or object erected on that land; and
(e) will commit a new offence under this Local Law every month any breach of this sub-clause continues unless effective works have been undertaken to remedy any breach.
(5) A person is not guilty of an offence under sub-clause (1) or (4) where that person is unable to remove the source of the danger or carry out the required maintenance and repairs due to age, illness, or disability.