(A) Purpose. Graffiti is a visible and recognizable token of a criminal act that may include criminal trespass, damaging or mischief, and is hereby declared a public nuisance. Abatement of graffiti is a service to the public that preserves and protects the peace, safety, health and general welfare. Prompt action to remove graffiti from view may also discourage its repetition by the same or additional perpetrators.
(B) Definitions. For purposes of this section, GRAFFITI means any unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn, applied, or painted on any structure, wall or other surface, visible to residents, neighbors or the general public, regardless of the status of the perpetrator or the nature of the material or surface. OWNER means the name and address of the owner on the individual property record maintained by the Auditor of Hamilton County, as of the day the notice was issued.
(C) Notice to abate. It is the responsibility of the property owner to remove graffiti, regardless of its origin, by covering, cleaning or other means, within 72 hours of the issuance of a notice to abate by the city. Due to its nature as a visible and obtrusive public nuisance, the city will assist any property owner in abating said graffiti, provided that the owner grants a right to enter and release of liability.
(1) Notice is to be provided by mail or by personal service to the owner, such notice requiring a response by the owner within the time allotted, choosing one of the following actions:
(a) Provide written consent, on forms provided by the city, to the abatement of the graffiti by means of removal, cleaning or covering. Unless otherwise directed by the City Manager, such abatement of an occupied property shall be considered a public service, provided to the owner without any fee or warranty.
(b) Abate the graffiti within the time allotted, at the owner's own labor and/or expense.
(2) If the property is both (1) vacant, and (2) condemned, in foreclosure or if the owner cannot be located, the city may satisfy the notice to the owner by posting such notice at the entrance or some other conspicuous place on the property. If the posted notice is unanswered after 24 hours, the city may do one or both of the following:
(a) Remove, clean and/or cover the graffiti.
(b) Certify a statement of costs incurred, including the actual cost of abatement, labor and materials, plus a penalty fee, to be collected or assessed in accordance with the provisions set forth in § 96.54, assessment of costs by city.
(D) Restitution. If a perpetrator is identified, the statement of costs may be additionally used for the following purposes in obtaining restitution for the crime.
(1) The certified statement of costs may be submitted to the court for restitution ordered as part of the sentencing of a convicted perpetrator.
(2) The city and/or the owner of the property may also bring a civil action against the perpetrator, regardless of any action taken in division (D)(1), above.
(E) Appeal. An owner, upon receiving notice from the city, may file an appeal, in writing and within the time allotted, if the owner alleges that there is an error in any notice, order, or statement of costs. Such appeal shall be adjudicated by the Board of Zoning Appeals, in accordance with the provisions set forth in § 150.181, Procedure.
(Ord. 16-2016, passed 10-3-16) Penalty, see § 96.99