(a) The owner of property within the jurisdiction of the municipality shall remove graffiti from the owner's property on receipt of notice from the city.
(1) This duty has the following exception:
a. The graffiti is located on transportation infrastructure; and
b. The removal of the graffiti would create a hazard for the person performing the removal.
(2) Graffiti shall not include that to which a property owner consented.
(b) The city may not give notice to a property owner under subsection (1) unless:
(1) The city has offered to remove the graffiti from the owner's property free of charge; and;
(2) The property owner has refused the offer.
(c) The notice to the property owner required by this section shall order the removal of the graffiti on or before the 15th day after the date the property owner receives the notice.
(d) The notice required by this section must be given:
(1) Personally to the owner in writing;
(2) By letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the Howard County Appraisal District; or
(3) If service cannot be obtained under subsubsection (a) or (b):
a. By publication at least once in a newspaper of general circulation in the county or municipality;
b. By posting the notice on or near the front door of each building on the property to which the notice relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(e) If the property owner fails to remove the graffiti on or before the 15th day after the date of receipt of the notice, the city may remove the graffiti and charge the expenses of removal to the property owner at a rate of a $100.00 flat fee for each 100 square feet plus costs of labor and materials incurred.
(f) The city may assess expenses incurred under subsection (5) against the property on which the work is performed to remove the graffiti.
(g) To obtain a lien against the property for expenses incurred under subsection (3), city council files a statement of expenses with the county clerk. The statement of expenses must contain:
(1) The name of the property owner, if known;
(2) The legal description of the property; and
(3) The amount of expenses incurred under subsection (3).
(h) The city manager may set the officer or officers who enforce this section. If the city manager does not set the officer or officers, the building official and code enforcement officers shall have the power to administer and enforce this section.
(i) Appeals from these regulations shall be through the Structural Standards Ordinance.
(Ord. No. 038-2020, § 1, 10-29-2020)