(A)   It shall be unlawful for any person to apply graffiti within the city.
   (B)   No person owning or otherwise in charge or control of any real property within the city shall permit or allow any graffiti to be placed or remain on any permanent structure located on such property when the graffiti is visible from the street or other publicly or privately owned property, for a period in excess of seven days from the date of Notice to Abate given pursuant to § 9.57.110, unless:
      (1)   The person does not have the financial or physical ability to remove the graffiti, and has informed the City Public Works Department, in writing, within seven days of the date of the Notice to Abate; or
      (2)   The person demonstrates to the Director of the City Public Works Department within seven days of the date of the Notice to Abate that he or she has an active program for the removal of graffiti and has scheduled the removal of graffiti as part of that program within a time period of ten days or less; or
      (3)   The person has filed an objection to the Notice to Abate pursuant to § 9.57.110(B); or
      (4)   The affected property has been reported to either the City Public Works Department or contractor retained by the city for graffiti removal service, in which case the graffiti shall remain until the graffiti has been scheduled for eradication as part of the graffiti removal program. Prior to the removal of the graffiti by the city or its contractor, the owner or the person in charge or control of the property must complete and sign a Waiver and Release of Liability Form as provided by the City Public Works Department.
('86 Code, § 9.57.030) (Ord. 4251, passed  - - )  Penalty, see § 9.57.090