If a hearing has not been requested by the property owner, the city may enter upon the property for the purpose of removing the graffiti, in accordance with divisions (A) and (B) below:
(A) Prior to entering upon private property or property owned by a public entity other than the city for the purpose of removing graffiti, the city shall attempt to secure the consent of the property owner and a release of the city from liability for damage to the property.
(B) If a property owner fails to remove the offending graffiti within the specified 10-day period, or if the property owner has refused to give consent to the city for entry on terms acceptable to the city consistent with this chapter, the city may commence abatement of the graffiti nuisance and proceedings to recover the expense of abatement according to the procedures set forth in this chapter.
(Ord. 931-C-S, passed 9-30-97)