(a) The city must notify the property owner of a violation of this article, and must give the owner the opportunity to remove the graffiti before:
(1) Issuing a citation for a violation of § 11A-91; or
(2) Entering the property and doing the work necessary to abate the nuisance.
(b) Notice must require a property owner to remove the graffiti or cause the graffiti to be removed on or before the fifteenth day after the date that the property owner is deemed to have received the notice.
(c) Notice may be given no earlier than the date:
(1) On which the property owner actually refuses the city’s offer of removal; or
(2) On which the offer of removal is presumed to have been refused under § 11A-92(g).
(d) Notice must be in writing and must be given:
(1) To the owner in person;
(2) By letter 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, and sent by certified mail, return receipt requested; or
(3) If service cannot be obtained under subsection (d)(1) or (d)(2) above:
a. By publication at least once in a newspaper of general circulation;
b. By posting the notice on or near the front door of each building on the property to which the notice relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(e) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three days after the date on which the notice was deposited in the mail;
(3) For notice by publication, on the date that the notice was published in the official newspaper; or
(4) For notice by posting, ten days after the date on which notice was posted.
(f) If a property owner does not comply with the notice to abate on or before the fifteenth day after the date on which the property owner is deemed to have received the notice, a citation for a violation of § 11A-91 may be issued.
(g) If a property owner does not comply with the notice to abate on or before the fifteenth day after the date on which the property owner is deemed to have received the notice, the city may enter the property and do all work necessary to abate the graffiti.
(h) If the city does the abatement work pursuant to subsection (g) above, the city shall initially pay for the work done, and shall charge the expenses to the owner of the property in accordance with a fee schedule adopted annually by the city council.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 18771-08-2009, § 3, passed 8-25-2009)