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(A) It is unlawful for any person to place graffiti upon the surface of any structure or wall that is publicly or privately owned without the permission of the owner of the property.
(B) It is unlawful for any parent or guardian of a minor to knowingly permit a minor to violate any provisions of this subchapter.
(C)
It is unlawful for any owner of property to place or give permission to place on any property, real or personal which is in public view, any graffiti which incites violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity, or contains defamatory material about a public or private person or which mark out gang jurisdiction for purposes of designating territorial rights of gangs for criminal activity.
(D) It is unlawful for any owner of property to fail to remove graffiti that has been placed on the owner’s property or fail to assign their obligation to remove the graffiti to the Police Chief’s office within three days from the date of the receipt of the written notice provided by the Police Chief’s office.
(Ord. 96-8, passed - -1996; Ord. 21-08, passed 11-8-2021)
Penalty, see § 94.999
For the purposes of this subchapter, GRAFFITI shall be defined as any sign, symbol, marking, drawing, name, initial, word, diagram, sketch, picture, letter of any other inscription or drawing applied to any surface so as to be seen by the public including, but not limited to, the identification of a gang or gang activity.
(Ord. 96-8, passed - -1996)
It shall be an affirmative defense to the alleged violation of the foregoing provision if such activity was undertaken with the prior written consent of the owner of the property, demonstrating that the owner was aware of the content and method of the graffiti to be placed on the structure or wall.
(Ord. 96-8, passed - -1996)
The city hereby declares graffiti to be a nuisance, which adversely affects the health, safety and welfare of the residents of the community and reduces property value, and subject to abatement as provided herein.
(A) Owner obligation to remove.
(1) Upon written notification by the Police Chief’s office, the owner of the property upon which graffiti has been placed shall remove the graffiti within three days from the date of the receipt of the notice.
(2) The Police Chief’s office may grant an owner an additional ten days to remove the graffiti if the owner presents sufficient evidence of one of the following conditions:
(a) Weather conditions make removal impossible or a substantial burden to the owner;
(b) Necessary chemical for removal are not readily available;
(c) The physical condition of the owner makes immediate removal impossible or a substantial burden to the owner; or
(d) Such other condition which makes immediate removal impossible or an undue hardship to the owner.
(B) Owner assignment of obligation. The owner of the property may assign his or her obligation to remove the graffiti to the Police Chief’s office. The assignment must be done within three days from the date of the receipt of the written notification. The assignment must be in writing on a form provided by the Police Chief’s office. The assignment will be effective only if the owner signs a statement authorizing removal by the city and holding the city harmless from any claims of suits brought for damages resulting from any chemicals or from any actions taken by the city or its employees to remove the graffiti.
(C) Right of the city to remove. The Police Chief’s office shall remove graffiti from the exterior of private property if an owner fails to remove the graffiti or fails to assign the obligation to remove the graffiti to the Police Chief’s office. Graffiti shall be removed at the property owner’s expense.
(Ord. 96-8, passed - -1996; Ord. 21-08, passed 11-8-2021) Penalty, see § 94.999
(A) (1) The city does hereby offer a reward of $25 to any person who does not have an affirmative duty, yet supplies information leading to the arrest and conviction of any person for violating this section.
(2) The reward shall not exceed $100 per incident.
(B) In the event of multiple contributors of information, the reward amount shall be divided by the City Attorney’s office in the manner it shall deem appropriate.
(1) (a)
Claims for rewards under this section shall be filed with the City Finance Officer.
(b) Each claim shall:
1. Specifically identify the date, location, and kind of property damaged or destroyed;
2. Identify by name the person who was convicted; and
3. Identify the court and date upon which the conviction occurred.
(2) All claims for rewards must be approved by the City Attorney’s office after a thorough investigation of the claim.
(Ord. 96-8, passed - -1996; Ord. 21-08, passed 11-8-2021)
NUISANCE PENALTIES AND ABATEMENT
(A)
The purpose of this chapter is to protect the public health, safety, and welfare by enactment of provisions which:
(1) Determine the responsibilities of owners and operators of dwellings and property for correction of nuisance conditions.
(2) Provide remedies to eliminate public nuisances.
(3) Provide for administration, enforcement, and penalties.
(4) Promote the stabilization and maintenance of neighborhoods.
(B) Unless otherwise specified in the City Code, the abatement processes in this subchapter are to be used to abate and resolve nuisance conditions within the city.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT OFFICER. All persons appointed as enforcement personnel or acting as inspectors for the city or any other city employee designated by the City Administrator to enforce the provisions of the City Code.
INTERESTED PARTY. Any owner of record, occupying tenant, or lien holder of record.
LAST KNOWN ADDRESS. The address shown on the records of Clay County or a more recent address know to the enforcement officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the enforcement officer after a reasonable search.
MAIL. Service by mail shall mean by depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class postage prepaid thereon.
OWNER. Those shown to be owner or owners on the records of Clay County.
PERSONAL SERVICE. Service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient's residence or place of business with a person of suitable age and discretion.
RESPONSIBLE PARTY. Any one or more of the following: agent; assignee or collector of rents; holder of a contract for deed; a mortgagee or vendee in possession; receiver of executer or trustee; lessee; those known to the enforcement officer as having an ownership interest; or other person, firm, or corporation exercising apparent control over a property.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
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