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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)
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