(A) Graffiti constitutes a public nuisance and means any mark or marks on any surface or structure made without the prior permission of the property owner and made in any manner, including but not limited to, writing, inscribing, drawing, tagging, sketching, spray-painting, painting, etching, scratching, carving, engraving, scraping, or attaching. Chalk marks on sidewalks are not graffiti. Graffiti does not include any posting of posters.
(B) No person shall apply graffiti to any surface or structure. A violation of this division shall be a misdemeanor punishable by one or more of the following:
(1) Community service that is as relevant and appropriate to the violation as possible;
(2) Restitution; and/or
(3) A fine of not more than $500 plus costs.
(C) No person who owns or otherwise controls or manages any property shall permit or allow any graffiti to be or remain on any surface or structure on the property beyond the time indicated in a notice, which shall be no less than seven calendar days after the notice is posted on the property or delivered to the property owner and no less than nine calendar days if the notice is mailed. If removal of the graffiti by the date set in the notice is not possible due to weather or other reasonable cause, then on or before the date set in the notice the person to whom the notice is issued or his or her agent shall contact the city as indicated in the notice to request an extension. Removal of graffiti may be by means of actual physical removal or covering the graffiti over with paint or other similar substance applied to the surface or structure. A violation of this division is not a civil infraction or a misdemeanor.
(D) Notice by the city to remove graffiti from a property may be made by mailing it to the property owner, as shown on assessment records, delivering it to the owner or posting it at a conspicuous place on the property.
(E) If any graffiti remains on the property beyond the time indicated in a notice, then the city may remove the graffiti or have it removed in any reasonable manner. The costs to the city for removal and administration shall be charged to the owner and, if not paid, assessed against the property.
(F) The victim may proceed with any private right of action provided under law against a person who has applied graffiti or the parent or guardian of a minor.