It shall be a defense in a Municipal Court prosecution, or an appeal of a notice to abate under this subchapter, that:
(A) The party was not notified by the city in writing of the presence of the graffiti;
(B) The party authorized the identified markings and thus there is no graffiti;
(C) The party has removed graffiti from that particular property three or more times within the preceding 12 months; or
(D) Prior to being cited under this subchapter, the party executed and returned a written consent form provided by the city to allow the city to abate the graffiti under the Municipal Graffiti Removal Program and the graffiti was eligible for removal under that program.
(Ord. 2010-017, passed 2-15-2023) Penalty, see § 130.99