(A) Definition. The term GRAFFITI, for purposes of this section, shall mean any unauthorized inscription or representation, on a building, structure, wall, sign, fence, sidewalk, pavement, post, stone, tree or other object or structure, of any symbol, diagram, letter, word, numeral, emblem, picture, character or combination thereof by carving, application of paint or other substance other than as permitted by this chapter.
(B) Removal required. It shall be the duty of the owner or occupant of the building, structure, wall, dumpster or other personal property upon which any graffiti has been placed to remove, cover or eradicate the graffiti. When graffiti is found to be on private property, the Town Marshal’s Department shall notify the property owner, with a copy to the occupant if applicable, in writing of the graffiti and request its removal within ten days. For good cause shown, the owner or occupant may be given additional time to meet the removal requirements without being charged with a violation of this section.
(C) Removal by town authorized. In addition to any fine which may be imposed, if the owner or occupant fails to remove, cover or otherwise eradicate the graffiti within ten days from the issuance of the notice, or such later date as the owner or occupant may be allowed, the town or its authorized agent may enter upon the property and remove such graffiti by any means necessary, and the cost of removal shall be collected from the owner or occupant of the property.
(D) Appeal rights. The owner or occupant of the property may seek relief from the cost of the removal and abatement of the graffiti as provided in divisions (C) and (D) above by making a written request to the Town Council, providing all reasons and explanations justifying any modification or waiver of those costs. Each written request must be made within ten days after receiving the notice of intent to assess cost. The property owner may request a hearing and review by filing a written request with the Town Council on or before ten days after receiving the notice of intent to assess cost. The Town Council shall, at its next scheduled meeting, make a final determination of the assessment of cost and placement of lien.
(E) Recovery of cost from person responsible for placing graffiti. The town’s exercise of the remedies provided in this chapter shall not prevent the owner or occupant from recovery, through civil suit or otherwise, the cost of removal or other reparation from the person responsible for placing the graffiti on his or her property.
(Ord. 2010-T-054, passed 8-30-2010) Penalty, see § 132.99