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§ 20-22 LEGISLATIVE DETERMINATION.
   (A)   The city council finds and determines that graffiti is a nuisance and unless it and other inscribed material is removed from public and private properties, it tends to remain, and other properties are then in the target of graffiti with the result that entire neighborhoods and indeed the community is depreciated in value and made a less desirable place to be. The city council therefore determines that it is appropriate that the city develop procedures to implement the provisions of the Revised Statutes of Nebraska, 1943, as amended, and provide for the removal of graffiti and other inscribed material from both public and private property under the circumstances set forth hereinafter.
   (B)   The city council hereby declares as a matter of legislative determination that:
      (1)   The increasing incidents of the defacement of public and private property through the application of graffiti upon walls, rocks, bridges, buildings, fences, gates, other structures, trees, and other real and personal property within the corporate boundaries of the city constitute a blight on this community; and, in the interests of the health, safety and general welfare of the residents and taxpayers of the city, immediate steps must be taken to remove this blight.
      (2)   When appropriate, the courts should require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged or destroyed.
      (3)   Obtaining convictions for the application of graffiti is difficult due to the fact that the offense can be committed so very quickly and secretively that witnesses to the act are frequently nonexistent.
      (4)   The public should be encouraged to cooperate in the elimination of graffiti by reporting to the proper authorities the incidents of the application of graffiti which they observe.
(Ord. 2884, § 1, passed 4-8-1996)
§ 20-23 DEFINITIONS.
   Whenever the following terms are used in this article, they shall have the meanings established by this section:
   GRAFFITI. The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.
   GRAFFITI ABATEMENT PROCEDURE. An abatement procedure which identifies graffiti, issues notices to the landowner to abate the graffiti, and cures in absence or response.
   PRIVATE CONTRACTOR. Any person with whom the city shall have duly contracted to remove graffiti.
(Ord. 2884, § 1, passed 4-8-1996)
§ 20-24 GRAFFITI—PROHIBITED.
   It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property within the city, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as “graffiti”.
(Ord. 2884, § 1, passed 4-8-1996)
§ 20-25 SAME—VIOLATION; PENALTY.
   Any person who is convicted of violating section 20-24 shall be punished by a fine not exceeding $500.00, or by imprisonment not to exceed six months, or both such fine and imprisonment. In addition to such punishment, the court may, in imposing sentence, order the defendant to restore the property so defaced, damaged or destroyed at defendant’s expense.
(Ord. 2884, § 1, passed 4-8-1996)
§ 20-26 SAME—NOTICE OF REMOVAL.
   (A)   Whenever the public works director or his designated representative has determined that graffiti exists on any public and private buildings, structures and places which are visible to any person utilizing any public right-of-way in this city, be this road, parkway, alley or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the public works director or his designated representative shall cause a notice to be issued to abate such nuisance. The owner of the real property upon which the object bearing the graffiti exists (respectively “owner” and the “premises”) shall have ten days after the date of the notice to remove the graffiti or the conditions will be subject to abatement by the city.
   (B)   The notice to abate graffiti shall be served upon the owner of the premises in the following manner:
      (1)   By personal service on the owner, occupant or person in charge or control of the premises; or
      (2)   By registered or certified mail addressed to the owner at the owner’s last-known address, provided, if such address is unknown, the notice will be sent to the owner at the address appearing on the last property tax assessment rolls of the county, if any, and at the address of the premises.
   (C)   The notice shall be substantially in the following form:
 
NOTICE TO REMOVE GRAFFITI
 
Date:                    
 
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located at the real estate commonly known as                               , Bellevue, Nebraska, which graffiti is visible to public view, within ten days after the date of this notice. If you fail to do so, city representatives will enter upon the property and abate the nuisance by removal or painting over the graffiti. The cost of the abatement by the city will be assessed upon your property and such costs will constitute a lien thereon, with interest, until paid.
 
All interested persons must submit any objections or comments in writing to the Public Works Director of the City of Bellevue within five days from the date of this notice or the city may proceed with the abatement of the graffiti inscribed at your expense without further notice.
(Ord. 2884, § 1, passed 4-8-1996)
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