(a) Prior to issuing a citation under § 11A-91, sending a notice to abate in accordance with § 11A-93, or taking action to abate pursuant to § 11A-93, the city shall make an offer to remove the graffiti from the owner’s property free of charge. The offer may be made orally or in writing.
(b) If an offer is made orally, it must be made:
(1) In person to the property owner; or
(2) Via telephone or telephone message to the property owner but only if the city has a current, valid telephone number for the property owner.
(c) If an offer is in writing, it must be made:
(1) In person to the property owner;
(2) By first class United States mail or common or contract carrier addressed to the property owner at the property owner’s address as contained in the records of the appraisal district in which the property is located;
(3) By publication at least once in a newspaper of general circulation;
(4) By posting the offer on or near the front door of each building on the property to which the offer relates; or
(5) By posting the offer on a placard attached to a stake driven into the ground on the property to which the offer relates.
(d) For purposes of making an offer, the property owner shall be the individual identified as the current owner of the property according to the records of the appraisal district in which the property is located.
(e) Service by publication under subsection (c)(3) above may include more than one piece of property and more than one property owner so long as each address and owner is clearly identified.
(f) An offer will be deemed to have been received:
(1) For oral or written personal service, as of the date the offer was made in person to the property owner;
(2) For telephone service, as of the date the offer was made via telephone or telephone message to the property owner;
(3) For service via mail or common or contract carrier, three days after the date that the offer was deposited in the mail or given to the carrier;
(4) For service by publication, on the date that the offer was published in the newspaper; or
(5) For service by posting, three days after the date on which the offer was posted.
(g) If an owner does not contact the city to accept an offer by 5:00 p.m. on the third business day after the date an offer is deemed received, it shall be presumed that the owner has refused the offer, and the city may proceed as though the owner actually refused the offer effective the date of that third day.
(Ord. 18771-08-2009, § 2, passed 8-25-2009)