(A) Permission for entry shall be as follows.
(1) If the responsible party signs a permission form, the City, or its authorized private contractor, may enter the property to abate graffiti.
(2) If the responsible party refuses to sign a permission form or cannot be located and the City, at its sole discretion, deems it appropriate to abate graffiti on the property, the City will issue a notice of graffiti abatement. The notice may be served in person, by certified mail, by posting on the subject property; or publishing in a City newspaper of general circulation.
(B) The notice of graffiti abatement will contain the following information:
(1) Identification of the property and description of the nature of the graffiti;
(2) A statement declaring that the property is a public nuisance;
(3) A statement declaring that abatement may commence within three business days from the date of the notice;
(4) A statement declaring that the cost for the removal will be billed to the responsible party; and
(5) A statement declaring that neither the City nor its private contractor shall be liable for any abatement of graffiti that does not match or resemble the original surface.
(C) Designation of enforcement authority and Hearing Officers shall be as follows.
(1) Building Officials, Code Enforcement Officers, and the Building Inspectors are authorized to issue notices of graffiti abatement for violations of this code within City jurisdiction. In addition, all officers and investigators of the Police Department will assist in the enforcement of this code and may issue citations for that purpose.
(2) The Growth Management Director will act as the Hearing Officer in the event of administrative review.
(D) Application for hardship shall be as follows.
(1) In the event that a responsible party would be financially burdened by a graffiti removal order, the responsible party may apply for a determination of hardship. The application shall include a statement as to why the hardship exists and proof of the financial hardship.
(2) The review of the application and final decision will be determined by the City Manager.
(E) Administrative review shall be as follows.
(1) A responsible party may object to the notice of graffiti abatement by filing a written request for review with the Hearing Officer no later than three business days after receiving the notice of graffiti abatement.
(2) Upon timely receipt of the request for review, the Hearing Officer will notify the enforcement authority to defer enforcement action until the review is final. The responsible party must promptly supply the Hearing Officer with any additional information necessary to determine whether or not the property constitutes a nuisance. When the review is final, the Hearing Officer will notify the responsible party and the enforcement authority of his or her findings within five business days. The responsible party will be notified by certified mail.
(3) If the Hearing Officer determines that the property contains graffiti and is a public nuisance, the Hearing Officer will issue a written eradication order stating that the City, or its authorized private contractor, may enter upon the property within 24 hours and abate the graffiti.
(4) If the responsible party disagrees with the Hearing Officer’s determination, he or she may request an appeal to the City Manager. Such request shall be submitted in writing within five days of the Hearing Officer’s determination. The determination of the City Manager shall be final.
(Prior Code, § 11-2-5) (Ord. 07-05, passed 2-12-2007)