(A) Establishment and authorization. The city hereby establishes a Municipal Graffiti Removal Program and authorizes the City Manager to adopt such regulations and to utilize city personnel and resources, available grants and volunteer service as may be necessary to accomplish its purpose.
(B) Purpose. The purpose of the Municipal Graffiti Removal Program is to ensure the prompt removal of graffiti from both public and private real property visible from public rights-of-way within the city’s boundaries.
(C) Program features and eligibility.
(1) City removal of graffiti on privately-owned real property.
(a) The owner or person responsible for graffitied real property may request, on a city-provided form, that the city remove, cover or otherwise abate graffiti on the requestor’s real property.
(b) The only graffiti that the city will remove, cover or otherwise abate is graffiti that is clearly visible from a public right-of-way. The determination of whether graffiti is clearly visible is at the sole discretion of city staff.
(c) Before city staff may enter the real property of the requestor or perform work thereon, the requestor must execute a consent form prepared by the city:
1. Consenting to city staff entering the property; and
2. Releasing both the city and its staff from all claims relating to the work to be performed.
(d) As soon as practicable, but not later than 15 days after receipt of an executed written consent form from the owner or responsible party, the city staff shall remove, paint over or otherwise abate the graffiti damage at no cost to the requestor.
(e) The city will not undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located unless the City Manager, or his or her designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the real property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.
(f) 1. In abating graffiti on private real property, the city may use its own materials or those authorized by the real property owner or responsible party.
2. When painting over graffiti, the city will not guarantee a paint match.
(g) The city may accept donations given for graffiti removal purposes, including cash, paint and paint removal supplies and equipment.
(2) City provision of materials to the public.
(a) The city, when practicable, will provide certain graffiti abatement materials and equipment to the public for the sole purpose of graffiti abatement. These graffiti abatement materials include paint, paint thinner, brushes, rollers and any other equipment or materials which the City Manager determines is appropriate for use by the general public. Reusable equipment must be returned to the city in the same condition as it was provided, with the exception of normal wear and tear.
(b) The city will not provide any equipment to the public which, due to its cost, the potential for danger or the need for expertise, would be inappropriate for use by the general public.
(c) When the city provides graffiti abatement materials and equipment to the public, it will do so at no cost.
(d) Before receiving any graffiti abatement materials or equipment, persons requesting such materials and equipment must execute a form prepared by the city agreeing to defend, indemnify and hold the city harmless for any misuse of such equipment and materials.
(e) The city shall disseminate information where residents may obtain free graffiti abatement materials.
(3) Coordination efforts.
(a) The city will coordinate with the Municipal Court concerning the possible use of offenders to remove or paint over graffiti as a form of public service.
(b) The city will coordinate with residents, other public entities and non-governmental entities to organize community cleanups of graffiti throughout the city.
(4) Reporting.
(a) The City Manager or his or her designee will develop a system for residents to report sightings of graffiti within the city.
(b) Annually, the City Manager or his or her designee will provide a report to the governing body concerning:
1. The number of graffiti incidents reported by the public in the last year;
2. The number of times graffiti incidents on private property were abated by city staff in the last year; and
3. The annual cost of the Municipal Graffiti Removal Program.
(Ord. 2010-017, passed 2-15-2023)