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(a) As defined in this section, graffiti that is unregistered is hereby declared to be a public nuisance. The owner of record, or the person in charge, possession or control of any building or structure upon which graffiti is placed or affixed shall, upon the appearance of the graffiti: (i) cause such graffiti to be removed or concealed or (ii) register the graffiti according to rules promulgated by the Commissioner of Cultural Affairs and Special Events. Whenever any unregistered graffiti shall be found on any building or other structure, the Department of Streets and Sanitation, or its agent or contractor shall attempt to obtain consent from the owner for the City’s graffiti removal services. If such attempt to contact the owner is not successful, the Department of Streets and Sanitation shall post a notice in a prominent place upon the building or structure where the unregistered graffiti is found which shall state that, if the unregistered graffiti is not removed or concealed or registered according to the rules within five days after the notice is posted, excluding Saturdays, Sundays and legal holidays, the Department of Streets and Sanitation or its agent or contractor shall have authority to enter or access the property and abate the nuisance by removing or concealing the unregistered graffiti.
(b) Nothing in this section shall prevent the City from taking any other enforcement action authorized by law.
(c) “Graffiti” means an inscription, drawing, mark or design that is etched, painted, sprayed or drawn directly upon the exterior of any building or other structure and is visible from the public way; provided that, graffiti shall not include any sign permitted by the Zoning Code or any decoration that is part of the architectural design of the building or structure.
(Amend Coun. J. 3-11-98, p. 61944; Amend Coun. J. 5-17-00, p. 32562, § 1; Amend Coun. J. 5-11-05, p. 48079, § 2; Amend Coun. J. 10-31-18, p. 87776, § 2)