Whenever the City Manager determines that graffiti is being maintained upon the premises within the City in violation of § 9.04.210, the City Manager shall send, by registered or certified mail or post, at a conspicuous place on the premises where the graffiti is located, written notice to the owner, and to any lessee, occupant or other person having present possession of a lot or parcel of land within the City that the graffiti must be removed within forty-eight (48) hours from the date of service of the notice. The notice shall be entitled “Notice to Abate Graffiti,” in letters not less than one (1) inch in height, and shall cite this Subchapter as authority for such abatement. The notice shall contain a general description of the property on which the graffiti is located.
A. The notice shall be on City letterhead in substantially the following form:
NOTICE TO ABATE GRAFFITI
NOTICE IS HEREBY GIVEN that under the provisions of Section 9.04.210 of the Culver City Municipal Code you are required at your expense to remove or paint over the graffiti located on the property commonly known as , City of Culver City, California, which is visible to public view, within forty-eight (48) hours after the date of service of this notice. The graffiti is visible to public view and therefore constitutes a public nuisance. If you fail to comply with this order the City or its contractor will enter upon your property and abate the public nuisance. The cost of the abatement of the City or its contractor will be assessed upon your property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matter are hereby notified to submit an appeal to the Office of the City Manager within forty-eight (48) hours from the date of this notice.
At the conclusion of this forty-eight (48) hour period the City may proceed with the abatement of the graffiti on your property at your expense without further notice.
B. If an appeal has been made to the Office of the City Manager, within five (5) days from the date of the Notice to Abate Graffiti, the City Manager, or his/her designee, shall hold an administrative hearing on appeal. The decision of the City Manager or his/her designee shall be final and conclusive.
C. If an appeal has not been submitted as set forth in § 9.04.230 B. above, or if the appeal has been denied following an administrative hearing, and if the private property owner fails to remove or fails to cause the graffiti to be removed by the designated date, or such continued date thereafter as approved by the City Manager, then the City Manager shall cause the graffiti to be abated as a public nuisance by the City or its contractor, and the City or its contractor is expressly authorized to enter upon the premises for such purpose.
('65 Code, § 22-10.7) (Ord. No. 94-027 § 3 (part); Ord. No. 2006-009 § 22 (part))