§ 93.30 ABATEMENT OF GRAFFITI.
   (A)   The city code enforcement officer shall have the authority to order the owner or occupant of any private premises to abate or remove from such premises, at the owner's or occupant's own expense, any graffiti as described in this chapter within ten days or within such other time as might be reasonable, and a failure to do so shall constitute a misdemeanor.
   (B)   At least ten days' notice shall be given to the owner of the property by certified mail at the address shown by the current year’s tax rolls in the county treasurer's office, or any other source deemed by the city to be more accurate than said tax rolls before the City Manager holds a hearing or takes action. At the time of mailing the notice to any property owner the municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee. The notice shall order the property owner to abate the nuisance graffiti, as appropriate, and said notice shall further state that unless such work is performed within ten days of the date of the notice, the work shall be done by the city and a notice of lien shall be filed with the county clerk against the property for the cost due and owing to the city. The notice shall further state that the property owner may request a hearing within ten days after the date of the notice to determine whether the graffiti constitutes a nuisance as defined in this subchapter. If the certified mail to the property owner is refused, service of the notice shall be deemed valid and complete. However, if the property owner cannot be located as shown by the certified mail being returned as unclaimed, notice shall be given by posting a copy of the notice on the property for ten days and by publication, by publishing in a legal newspaper published in the city, and which is of general circulation within the city, one time not less than ten days prior to any hearing or action by the city.
   (C)   The owner of the property may give his or her written consent to the city authorizing the removal or the abatement of public nuisances. By giving written consent, the owner waives his right to a hearing by the city.
   (D)   A hearing may be held by the city manager or his or her designee, the administrative officer, to determine whether the graffiti that is a public nuisance has caused the property to become detrimental to the health, benefit, and welfare of the city.
   (E)   Upon finding that the condition of the property constitutes a detriment or hazard and that the property would be benefited by the removal of such conditions, the city agents are granted the right of entry on the property for the removal or abatement of the conditions and performance of the necessary duties as a governmental function of the city.
   (F)   The City Manager or his or her designee as the administrative officer shall determine the actual cost of abatement and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward by certified mail, with return receipt requested, to the property owner at the address specified in division (B) of this section a statement of such actual costs and demanding payment. If the abatement is done by the city, the cost to the property owner for the abatement shall not exceed the actual cost of the labor, maintenance, and equipment and administrative expenses required. If the abatement of public nuisances is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
   (G)   If payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the costs to the County Treasurer, and the costs shall be levied on the property and collected by the County Treasurer as other taxes authorized by law. The cost and interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At any time prior to the collection as provided in this division, the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.
   (H)   The property owner shall have the right of appeal to the City Council from any order of the City Manager or his or her designee, the administrative officer. Such appeal shall be taken by filing written notice of appeal with the City Clerk within ten days after the administrative order is rendered.
(Ord. 1845, passed 2-15-11)