Graffiti may be removed by any of the following methods:
A. Whenever the City Manager determines that writings or other inscriptions constitutes “graffiti” as defined in § 9.04.205 and is so located on public or privately owned property within the City so as to be capable of being viewed by a person utilizing any public right-of-way in the City, the City Manager is authorized to provide for the removal of the graffiti or other inscribed material upon advising the property owner that removal will be undertaken by the City if not removed within forty-eight (48) hours of notification of the existence of graffiti. The City Council has determined that the failure to remove graffiti constitutes a public nuisance which permits the City by and through its authorized representative to enter on private property to abate the declared public nuisance, without additional notice to or authorization from the landowner.
1. In removing the graffiti or other inscribed material, the painting or repair of a more extensive area shall not be authorized.
2. Where a structure is owned by a public entity other than this City, the removal of the graffiti or other inscribed material is authorized after notifying the public entity having jurisdiction over the structure and such entity fails to remove the graffiti within forty-eight (48) hours after receipt of notice to abate the graffiti.
B. Graffiti which is located on privately owned structures on privately owned real property within the City and which can be viewed by a person utilizing any public right-of-way within the City may be removed by the City at the owner's expense as a public nuisance pursuant to § 9.04.230. This Section shall apply under the following circumstances:
1. The private property owner has persuaded, allowed or encouraged the graffiti problem;
2. TheCity Manager determines that the removal of graffiti or other inscribed material from a privately owned property has exceeded four (4) requests from the City or a maximum of six hundred (600) square feet per privately owned real property during one (1) calendar year and the property owner has not removed the graffiti within the required time after a notice to abate has been given as described in § 9.04.230 below.
('65 Code, § 22-10.6) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))