(A) Obligation to remove graffiti. Notwith- standing any other provision of this chapter or other abatement procedure set forth in this Code or established by law, and as an available but not required alternative to those provisions or procedures, if graffiti or other inscribed material visible from any public place remains on any wall, fence, building, structure, window, vehicle, equipment or other location on private property, for a period in excess of 48 hours after the Director posts of a notice as described in this section, then the city may remove or cause the removal of that graffiti or other inscribed material and recover costs, including administrative costs in accordance with this section.
(B) Notice of graffiti. The notice described in division (A) of this section shall include the information set forth in § 95.05(B) and shall be securely attached, as reasonably determined by the Director, to the wall, fence, building, structure, window, vehicle, equipment or other location on private property where the graffiti or other inscribed material is located. The notice shall be on legal sized (8.5" X 14") card stock, in at least 14-point font, have the words "NOTICE OF IMMEDIATE ABATEMENT" in 20-point, bolded font at the top of the page and shall be printed in English and Spanish. The posting shall be completed between 9:00 a.m. and 5:00 p.m. If at the time notice is posted the Director reasonably determines a person who controls the property is present, then the Director shall also hand deliver a copy of the notice to that person.
(C) Appeal. If the property owner does not file an appeal with the City Clerk pursuant to § 95.06 and the graffiti or other inscribed material remains for a period in excess of the time stated in the notice provided pursuant to division (B) of this section, then the city may, but is not required to, take any and all actions necessary to remove that graffiti or other inscribed material and recover the costs of such removal, including administrative costs, pursuant to §§ 95.11 or 95.12.
(Ord. 1323, passed 2-4-09)