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Any person applying graffiti within the city shall have the duty to remove the same within 24 hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this subchapter. Where graffiti is applied by juveniles, the parent or parents, or responsible adult or adults, shall be responsible for such removal and for the payment of all costs of any kind, direct or indirect, incurred by the city in affecting the removal of such graffiti.
(Ord. 639-C.S., passed 2-6-01)
Graffiti located on privately owned structures on privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way or walkway open to the public in this city may be removed by the city at the owner's expense as a public nuisance pursuant to the provisions of §§ 131.16 to 131.20
(Ord. 639-C.S., passed 2-6-01)
Whenever the Chief of Police or designee is apprized of the presence of graffiti located on privately owned real property within the city, the Chief of Police or designee may cause a written notice to be served upon the owner/responsible party of the affected premises as such owner's name and address appears on the last equalized assessment roll by depositing a copy of the notice in the U.S. Postal Service enclosed in a sealed envelope and with the postage thereon fully pre-paid. The mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is no known address, then in care of the property address. The service is complete at the time of such deposit. As an alternative to mailing the notice a copy of the notice may be personally served on the owner/responsible party.
OWNER as used herein means any person in possession and also any person having or claiming to have any legal or equitable interest in said premises as described by a preliminary title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of any proceeding hereunder. The property owner shall have seven days after the date of the notice to remove the graffiti or be subject to city removal of the graffiti and assessment of the costs of such removal as a lien on the subject property.
(Ord. 639-C.S., passed 2-6-01)
(A) The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required at your expense to remove or paint over the graffiti located on the property commonly known as , Eureka, CA, which is visible to public view, within seven (7) days after the date of this notice; or, if you fail to do so, then City employees or private City contractors will enter upon your property and abate the public nuisance by removal or painting over of the graffiti. The cost of the abatement by the City employees or its private contractors 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 matters are hereby notified to submit any objections or comments to the Chief of Police for the City or their designee within seven (7) days from the date of this notice. At the conclusion of this seven (7) day period the City may proceed with the abatement of the graffiti inscribed on your property at your expense without further notice.
(B) Where the city has made reasonable efforts to provide notice in substantial compliance with this section, minor defects, omissions and/or inconsistencies in the form or language of the notice shall not invalidate the notice.
(Ord. 639-C.S., passed 2-6-01)
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