(A) Procedure to compel removal of litter and graffiti.
(1) Litter. The Town Marshal or any other town officer shall enforce the provisions of §§ 92.02(A) and 92.03 by prosecuting violators of said sections in the Town Magistrate's Court pursuant to the criminal provisions of this code. If such prosecution fails to secure compliance with the provisions of said sections, or in the event of inability to prosecute violators by reason of failure to secure jurisdiction over their persons, the Clerk shall compel the removal of litter by the procedures outlined below.
(`87 Code, § 10-2-4)
(2) Graffiti.
(a) Removal required. The town shall provide, without charge, materials for the removal of graffiti to the owner or person in control of any private premises upon which graffiti has been placed. If the person fails to remove or obliterate graffiti within 48 hours after the town has provided the materials and has given the person written notice to remove or obliterate the graffiti, the town may compel the removal or obliteration of graffiti by the procedures set forth for the removal of litter outlined below.
(b) Method of removal or obliteration. For the purposes of this division (2),
TO REMOVE OR OBLITERATE GRAFFITI
means to make the graffiti indistinguishable as a message, code, depiction, or marking. If not removed, the obliteration of the graffiti shall be made with material of a color which is similar to the material on which the graffiti has been placed.
(c) Appeals. The owner or person controlling such premises may, prior to the date of compliance, appeal in writing to the Town Council from the notice to remove or obliterate the graffiti. The Town Council shall, at its next regular meeting after receiving the appeal, hear and determine the same and the decision of the Town Council shall be final. The Town Council may either affirm or reverse the notice to remove or obliterate the graffiti; or may modify the scope of work as required in the notice.
(B) Notice to remove. To compel the removal of litter through the provisions of this chapter, if a person owning or controlling any property fails, neglects, or refuses to remove or properly dispose of litter located on property owned or controlled by such person, he or she shall be given written notice by the Clerk to remove all litter or cut such weeds from such property within 30 days from the date the notice was received by him or her, and prior to the date of compliance on the notice. Such notice shall be received not less than 30 days before the date set thereon for compliance, and shall contain the following: an estimate of the cost of removal by the town; a statement that unless the person owning or controlling such property complies therewith within 30 days from the date such written notice is received the town will, at the expense of the person owning or controlling said property, perform the necessary work at a cost not to exceed the estimate given in the notice; and a statement that such person may appeal in writing to the Town Council within 30 days from the date the notice is received by him or her and prior to the date of compliance.
(`87 Code, § 10-2-5)
(C) Service of notice. Notice shall be personally served on the owner or person controlling such property by the Town Manager or any other town officer in the manner provided in A.R.C.P. 4(d), or mailed to the owner or person controlling such property at his or her last known address by certified or registered mail, or the address to which the tax bill for the property was last mailed. If the owner does not reside on such property, a duplicate notice shall also be sent to him or her by certified or registered mail at his or her last known address.
(`87 Code, § 10-2-6)
(D) Appeal to Town Council. Prior to the date set for compliance on the notice, the owner or person controlling such property may appeal in writing to the Town Council from the demand of the Clerk. The Town Council shall, at its next regular meeting after receiving the appeal, hear and determine the same and the decision of the Town Council shall be final. The Town Council may either affirm or reverse the decision of the Clerk or modify the scope of the work as required in the notice.
(`87 Code, § 10-2-7)
(E) Removal by town. When any such person to whom notice, as aforesaid, has been given, and on or before the date of compliance on the notice, or within such further time as may have been granted by the Town Council on appeal, fails, neglects, or refuses to move from such property any or all litter and weeds, the Clerk is authorized and directed to cause same to be removed and disposed of at the expense of the owner or person controlling such property. Upon completion of the work, the Clerk shall prepare a verified statement of account of the actual cost of such removal or abatement, the date the work was completed, and the street address and the legal description of the property on which said work was done, including 5% for additional inspection and other incidental costs in connection therewith, and shall serve a duplicate copy of such verified statement upon the person owning or controlling such property in the manner prescribed in division (C) above. The owner or person controlling such property shall have 30 days from the date of service upon him or her to appeal in writing to the Town Council from the amount of the assessment as contained in the verified statement. If an appeal is not filed with the Clerk within such 30-day period, then the amount of the assessment as determined by the Clerk shall become final and binding. If an appeal is taken, the Town Council shall, at its next regular meeting, hear and determine the appeal and may affirm the amount of the assessment, modify the amount thereof, or determine that no assessment at all shall be made. The decision of the Town Council shall be final and binding on all persons.
(`87 Code, § 10-2-8)
(F) Lien for removal. If no appeal is taken from the amount of the assessment, or if an appeal is taken and the Town Council has affirmed or modified the amount of the assessment, the original assessment or the assessment as so modified shall be recorded in the office of the County Recorder and, from the date of its recording, shall be a lien on said lot or tract of land until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this section shall be made upon judgment of foreclosure or order of sale. The town shall have the right to bring an action to enforce the lien in the superior court at any time after the recording of the assessment, but failure to enforce the lien by such action shall not affect its validity. The recorded assessment shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings prior to the recording thereof. A prior assessment for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.
(`87 Code, § 10-2-9) (Am. Ord. 90-27, passed 7-2-90; Am. Ord. 90-28, passed 7-2-90; Am. Ord. 96-26, passed 11-18-96)