A. Whenever the police chief or the chief's designated representative determines that graffiti exists on public or private buildings, structures and places which are visible to any person utilizing any public road, parkway, alley, sidewalk or other right of way within the city, and when seasonal temperatures permit the painting of exterior surfaces, the police chief or the chief's designated representative shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice to remove the graffiti or the same will be subject to abatement by the city.
B. The written notice to abate graffiti pursuant to this section shall be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last property tax assessment rolls of Bannock County, Idaho. If there is no known address for the owner, the notice shall be sent in care of the property address. The notice required by this section may be served in any one of the following manners:
1. By personal service on the owner, occupant or person in charge or control of the property.
2. By registered or certified mail addressed to the owner at the last known address of said owner. If this address is unknown, the notice will be sent to the property address.
3. The notice shall be substantially in the following form:
Notice of Intent to Remove Graffiti
Date:
To:
NOTICE IS HEREBY GIVEN that you are required, by ordinance of the City of Chubbuck, at your own expense, to remove or paint over the graffiti located on the property commonly known as (address) , Chubbuck, Idaho, which is visible to public view, within fifteen (15) days after the date of this notice; or, if you fail to do so, the City requires the nuisance to be abated by removal or painting over of the graffiti. The cost of the abatement by the City or private contractors employed by the City to abate the nuisance will be assessed upon your property pursuant to Idaho Code §50-1008 and such costs will constitute a lien upon the property until paid.
All persons having any objection to, or interest in said matters, are hereby notified to submit any objections or comments to the Police Chief of the City of Chubbuck or the Chief's designated representative, within ten (10) days from the date of this notice. If no objections or comments to the notice are received by the City, the City will, at the conclusion of the fifteen (15) day period, proceed with abatement of the graffiti inscribed on your property at your expense without further notice.
(Ord. 394 §1, 1993)