A. It is unlawful for any owner, occupant, lessee, lessor, renter, tenant or person otherwise in charge or control of any property within the city or the owner of any public utility facilities or infrastructure located within the public right of way within the city, to permit any graffiti to exist, or to allow any graffiti to remain on any surface located on such property for an unreasonable period of time when such graffiti or any portion of it is visible to the public from a public street, sidewalk or from other properties, public or private. Failure to remove the graffiti is a nuisance.
1. The removal of the graffiti shall not follow the pattern of the graffiti such that the inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains apparent.
2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the original color of the surface upon which such graffiti was applied.
3. If the surface is heavily covered with graffiti, the entire surface shall be repainted.
4. When the city administrator or the administrator's designee determines to remove graffiti at the city's expense or on behalf of the owner, and the owner of the property consents to such removal and executes the necessary documents, the city or its contractor is authorized to provide for the removal of the graffiti and charge the cost of removal to the owner. If the property owner fails to pay the costs, a special assessment may be levied pursuant to Idaho Code 50-1008 and 50-334. (Ord. 522, 5-28-2013)