(A) Whenever law enforcement or his or her designated representative discovers graffiti on any public or private property or any surfaces visible to persons utilizing public rights-of-way within the City, law enforcement may cause a notice to be issued to the owner or person in control of the premises to abate the nuisance and remove the graffiti or cover it with paint or other suitable substance.
(B) Said notice shall be served upon the owner(s) of the affected premises, as shown on the last property tax assessment rolls of the County, with a copy to the occupant of the premises. If there is no known address for the owner, the notice shall be served at the property address. Service of the notice may be accomplished through personal service on the owner, occupant, or person in charge or control of the property; by posting the notice on the property itself; or by certified mail.
(C) Notice shall be in writing and shall clearly state that the owner or person in charge or control of the property is required by this subchapter to remove from public view or paint over the graffiti within 15 days of receipt of the notice; that failure to so abate may cause the City to abate the nuisance and to assess the costs to the owner; that if the costs of the abatement are not paid within 30 days of the date the billing is sent, an assessment of the costs as stated or as determined by the City Council may be made by resolution and shall thereupon be entered in the docket of City liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated. The owner or person served may, within ten days of receipt of the notice, deliver in writing to the City Administrator or designee his or her objections to the removal requirement and request a hearing before the City Council.
(D) In the event graffiti contains profanity, obscene graphics, racial comments, or is of a sexual nature, the written notice shall require removal within 48 hours from time of receipt of the notice.
(E) If the property owner requests a hearing before the City Council, the hearing shall, if feasible, be placed on the agenda of the next regularly scheduled City Council meeting. The decision of the City Council shall be final. A ten-day period may be given to the property owner after the Council decision so that the property owner shall have additional opportunity to abate the nuisance.
(Ord. 649, passed 10-7-2015)