§ 130.06 NOTICE TO ABATE; APPEALS; HEARINGS.

   (A)   Notice contents. Notice to abate graffiti issued by an enforcing officer shall consist of the following:

      (1)   A description of the graffiti;

      (2)   Instructions for abating the graffiti;

      (3)   A warning that if the graffiti is not abated within 30 days, the city will abate it without further notice;

      (4)   Instructions for appealing the enforcing officer’s finding of graffiti; and

      (5)   Information concerning the Municipal Graffiti Removal Program.

   (B)   Service of notices. Notice to abate a graffiti shall be served on the person responsible for the defaced property. If service cannot be made within the city, a copy of the notice will be posted on the defaced property and published once either by posting in six public places or by printing in a newspaper of general circulation.

   (C)   Appealing notices.

      (1)   Within ten days of receipt of an enforcing officer’s notice, the recipient may file a written appeal of the notice with the City Clerk, at which time the City Clerk shall:

         (a)   Notify the enforcing officer to stay all abatement actions;

         (b)   Fix a date for a quasi-judicial hearing before the Planning and Zoning Commission; and

         (c)   Issue notice via U.S. certified mail of the date, time, place and subject matter of the quasi-judicial hearing to the appellant, the enforcing officer and the property owners within 100 feet of the premises where the alleged graffiti is located.

      (2)   (a)   At the quasi-judicial hearing before the Planning and Zoning Commission, the Commission shall:

            1.   Consider all relevant evidence to determine:

               a.   Whether graffiti exists on the property; and

               b.   Whether the graffiti is visible from a public right-of-way.

            2.   Issue a final determination as to the existence of the graffiti that must be abated under this subchapter.

         (b)   The determination of the Planning and Zoning Commission on the existence of graffiti that must be abated shall be the final determination of the city.

      (3)   Any person aggrieved by the determination of the Planning and Zoning Commission may appeal to the District Court.

(Ord. 2010-017, passed 2-15-2023)