A. It is unlawful for any person who is the owner or who has primary responsibility for control of property or who has primary responsibility for the repair or maintenance of property ("responsible party") to permit property which is defaced with graffiti to remain so defaced for a period of seven days after notice of same, unless:
1. The person shall demonstrate by a preponderance of evidence that he or she does not have the financial or physical ability to remove the defacing graffiti; or
2. It can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of fifteen days after notice of same.
B. The existence of graffiti within the city limits of the City is a public and private nuisance, and may be abated according to the provisions and procedures herein contained.
C. The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five times in twelve months is a public and private nuisance, and may be abated by minor modifications thereto, or to the immediate area surrounding same, according to the provisions and procedures herein contained as follows: The surface or surfaces shall be required to be retrofitted, at the cost of the property owner of the lot, not to exceed a total cost of five hundred dollars, or at the cost of the City at the City's option, with such features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.
D. Persons removing graffiti pursuant to a City-sponsored graffiti removal program shall be deemed workers covered by the City's worker's compensation program and insurance coverage.
E. Whenever the City becomes aware or is notified and determines that graffiti is so located on publicly or privately owned property within the City, the City shall be authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, unless the City Manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the costs of repainting or repairing the more extensive area. (Ord. 2833 (part), 1993).