(A) (1) Prior to submitting notice to an owner to remove graffiti as provided in this section, the code enforcement official or other city designee shall make an offer to the owner, in writing, to remove the graffiti from the owner’s property free of charge. If, in writing the owner refuses the offer or if there is no response received in 15 days, the code enforcement official or other city designee shall have the authority to give notice to the owner in accordance with this section. The code enforcement official or other city designee shall serve written notice to the owner requiring the removal of the graffiti from the property within 15 calendar days after the date the notice is received. The code enforcement official or other city designee may prepare and distribute an “Owner Consent to Enter on Property and Release of Liability Form” and an “Offer to Abate Graffiti Form.” The formal notice shall contain:
(a) The date and nature of the violation;
(b) The physical location of the violation by street address or lot and block number;
(c) The name of the owner; and
(d) A statement that if the graffiti is not completely painted over or removed within 15 calendar days after such notice is received or the owner fails to file an appeal ten calendar days after the receipt of the notice, the code enforcement official or other city designee may, without further notice enter upon the property and remove the graffiti and charge the costs incurred to the owner. If the code enforcement official or other city designee removes the graffiti, the cost of removal may be charged to the property owner and a lien may be filed against the owner’s property.
(2) The notice required by this section may be served by:
(a) Personal delivery in writing; or
(b) Letter sent by United States certified mail, return receipt requested, to the owner at the owner’s address as shown in the records of the appraisal district where the property is located; or
(c) If service cannot be obtained under division (A)(2)(a) or (b), then notice must be served by:
1. Publication at least once in a newspaper of general circulation in the city; or
2. Posting the notice on or near the front door of each building on the premises to which the notice relates; or
3. If the property contains no buildings, posting notice on a placard attached to a stake driven into the ground on the premises to which the notice relates.
(B) The owner of the property subject to the abatement under this chapter may appeal the decision of the code enforcement official or other city designee by requesting a hearing, in writing, to the code enforcement official within ten days following the receipt of the notice. The hearing shall be conducted by the City Manager or his or her designee for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this chapter. The owner shall be provided written notice of the time and place of the hearing at least ten days prior thereto. At the hearing, the owner and the code official may present any evidence relevant to the proceeding. The City Manager’s decision shall be final.
(Ord. 140225, passed 2-25-2014)