A. Within 10 business days of the personal service or mailing of the notice the owner shall abate or remove the graffiti or show good cause why the owner cannot abate or remove the graffiti within that time period.
B. Upon good cause shown, the Chief of Police may grant an extension not to exceed 10 additional business days.
C. If the owner does not comply with the provisions of this chapter, the Chief of Police may refer the matter to the Municipal Judge for hearing in the Municipal Court. The Municipal Court Clerk shall give notice of the hearing date to the owner and occupants, if the occupants are different from the owner.
D. At the time set for a hearing, the owner and occupants may appear and be heard by the Municipal Judge.
E. The Municipal Judge shall determine whether the property is graffiti nuisance property and whether the owner has complied with this chapter.
F. The city has the burden of proving by a preponderance of the evidence that the property is graffiti nuisance property.
G. The owner has the burden of proving by a preponderance of the evidence that there is good cause for failure to abate the nuisance within 10 business days of the personal service or mailing of the notice.
(Am. Ord. 1166, passed 1-5-2005)