A. When the Chief of Police believes in good faith that property within the city is a potential graffiti nuisance property, the Chief of Police shall notify the owner in writing that the property is a potential graffiti nuisance property. The notice shall contain the following information:
1. The street address or description sufficient for identification of the property;
2. That the Chief of Police has found the property is a potential graffiti nuisance property, with a concise description of the conditions leading to this finding;
3. A direction to abate or remove the graffiti, or show good cause to the Chief of Police why the owner cannot abate or remove the graffiti, within 10 business days from service of the notice;
4. That, if the graffiti is not abated or removed, or good cause for failure to abate or remove is not shown, the Municipal Judge may order abatement, with appropriate conditions. The Municipal Judge may also employ any other remedy deemed by him or her to be appropriate to abate the nuisance, including but not limited to authorizing a civil complaint to be filed in a court of competent jurisdiction;
5. That permitting graffiti nuisance property is a violation punishable by a fine not to exceed $500, pursuant to § 1.08.010. Violators may be cited into Canby Municipal Court when charged with this violation; and
6. That the above remedies are in addition to those otherwise provided by law.
B. Service of the notice is completed by personal service or upon mailing the notice by first class mail, postage prepaid, addressed to the owner at the owner’s last known address.
C. A copy of the notice shall be served on occupants of the property, if different from the owner.
D. The failure of any person or owner to receive actual notice of the determination by the Chief of Police shall not invalidate or otherwise affect the proceedings under this chapter.
(Am. Ord. 1166, passed 1-5-2005)