A. Owner Responsibility:
1. It shall be the duty of the owner of any property upon which graffiti is present to remove, eradicate or otherwise eliminate such graffiti within ten (10) days from the date such graffiti has been placed upon the owner's property. It shall also be the duty of the owner of any such property upon which graffiti is present to promptly report the existence of the graffiti to the Police Department. This report to the department may be either in writing or by telephonic message. The notice shall advise as to the location of the graffiti. (Ord. 96-07, 1-22-1996)
2. The Director of Public Works may grant in writing to an owner an additional period of time to remove graffiti if the owner presents evidence of one of the following conditions: (Ord. 96-07, 1-22-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)
a. Weather conditions make removal a substantial burden; or
b. The necessary chemicals for removal are not readily available, but that the owner is seeking to obtain such chemicals; or
c. The physical condition of the owner makes immediate removal a substantial burden to the owner; or
d. Such other condition which makes immediate removal an undue hardship to the owner.
B. Removal By Village:
1. The Village may remove the graffiti but is not obligated to undertake to do so. If the Village determines, in the discretion of the Village, that the equipment and other resources available to the Village are not appropriate for removal of the particular graffiti, the owner of the property shall remain responsible for the removal, eradication or elimination, including the placing of paint or covering over the graffiti.
2. The Village may remove graffiti from private property subject to the following conditions:
a. The owner has reported to the Police Department the existence of the graffiti; and
b. The owner has signed a written authorization giving permission to the Village to remove the graffiti and releasing and holding harmless the Village from any claims for any damage to person or property resulting from the Village undertaking to remove the graffiti; and (Ord. 96-07, 1-22-1996)
c. The Director of Public Works has determined that the Village has the capability, through the use of equipment owned by the Village, to remove the graffiti. (Ord. 96-07, 1-22-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)