(A) Notice. Whenever the town becomes aware of the existence of graffiti on any property, the town is authorized to remove the graffiti as set forth in this section after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner’s agent or manager, or any other person in possession or control of the property. If the town intends to place a lien on the property, as provided in division (B) below, it must also notify all other persons whose names appear on the tax rolls of the county as having an interest in the property. Notice shall be given by personal service or certified mail, except that notice may be given by first class mail to those persons, other than the property owner, whose names appear on the tax rolls of the county as having an interest in the property. All notices shall state the procedure for appeals under this section.
(B) Costs and liens. If the person owning the property, acting as manager or agent for the owner of the property, or in possession or control of the property fails to remove or effectively obscure the graffiti within 14 days from receipt of the notice described in division (A) above, the town may cause the graffiti to be removed or effectively obscured and charge the property owner, or the property owner’s manager or agent, or the person in possession or control of the property, for the expenses incurred by the town in removing the graffiti. The town may sue in a court of competent jurisdiction to recover all such expenses, which shall include, but not be limited to, all administrative personnel costs, attorney fees and costs related to enforcing this section; and/or the town may record a lien in the public records of the county, which lien shall be for all such expenses, and the amount of the lien shall bear interest from the date of recording.
(C) Appeal procedure. Appeals may be taken to the Board of Commissioners or its designee by the person owning the property, acting as manager or agent for the property, or in possession or control of the property to prevent the removal of any graffiti, within 14 days of having received notice from the town that the graffiti must be removed. Appeals shall be in writing and shall state the reasons for the appeal. If the party filing the appeal requests a hearing, such hearing shall be held at the next scheduled business meeting of the Board of Commissioners. If, on appeal, the Board of Commissioners or its designee determines that the graffiti must be removed, the Board or its designee may set a new deadline date for compliance or authorize the town to proceed to remove or obscure the graffiti. The town shall not remove or obscure any graffiti during the appeal. Further, the Board of Commissioners at its discretion may decide not to place a lien on the property by reason of death, disability and/or mental capacity.
(D) Emergency removal. If the town determines that any graffiti is a danger to the health, safety or welfare of the public and is unable to provide notice by personal service after at least two attempts to do so, then 48 hours after either:
(1) The mailing of the notice described in division (A) above by certified and first class mail to the person owning the property, acting as agent or manager for the owner of such property, or in possession or control of such property; or
(2) The posting of the notice in a conspicuous place on the property, the town may remove or cause the graffiti to be removed at its expense.
(E) Repair/restoration. In no case shall the town paint or repair any area obscured by graffiti more extensively than where the graffiti itself is located. The town shall not be required to restore the obscured area to its original condition (i.e., color, texture and the like).
(Ord. 14-8, passed 10-9-2014)