(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GRAFFITI. Any unauthorized inscription, word, figure or design or collection thereof, which is marked, etched, scratched, painted, drawn or printed on any structural component of any building, structure or other facility, regardless of the nature of the material of that structural component.
(B) Declaration of nuisance. The existence of graffiti on buildings, or on structures, including, but not limited to, fences or walls, located upon any property in the city is declared a nuisance.
(C) Notice to abate. Any inspector of the city, upon observing any nuisance under this section, shall issue a notice directed to the owner of record of the property on which the nuisance occurs. The notice shall describe the nuisance and shall establish a reasonable time limit for the abatement thereof by such owner, which time shall be not less than five days, nor more than 14 days, after service of such notice. The notice shall also specify clearly that graffiti established on a painted surface shall be painted over with a color consistent with the predominant tone of the building or structure, and that graffiti established on any unpainted masonry or wood surface shall be removed by cleaning so that such unpainted surface is returned.
(D) Complaints by citizens, inspection, issuance of notice. Any citizen of the city who observes a nuisance under this section may file a complaint with the city. Such complaints shall be investigated and, if a nuisance exists, notice as provided in this section shall be issued.
(E) Service, return of notice, certified mail. The inspector issuing the notice to abate a nuisance under this section or his or her designee shall, by personal service or certified mail, serve the notice upon the owner of the property where such nuisance exists, and shall make his or her return upon a copy of such notice showing the date of service and the person upon whom it was served.
(F) Investigation to determine compliance with notice. Immediately upon the termination of the time allowed in any notice of the abatement of the nuisance under this section, the inspector shall investigate to determine whether or not the nuisance has been abated.
(G) Failure to comply with notice. In the event the owner of the property where such nuisance exists has failed within the prescribed time to abate such nuisance, then the Director of the Division of Inspection and Permits shall have the authority to make arrangements for the removal of the graffiti through any available public agency or by contract with any applicable private entity. The cost of such removal shall be billed to the city and shall be a lien upon the affected property if not paid within 60 days after billing thereof.
(1960 Code, § 30-1-40) (Ord. 5590, passed 6-17-1996) Penalty, see § 130.99