The city may in its sole discretion recover its graffiti removal costs from any and all responsible parties.
(A) Notice to Responsible Parties. When the City Manager or his or her designee determines who is or are the parties responsible for graffiti on property within the city, and the cost of removing the graffiti, the city shall send any or all of the responsible parties a notice indicating at a minimum all of the following:
(1) The name(s) of the responsible party(ies);
(2) A statement notifying the recipient of the Notice that he or she has been determined by the city to be liable for the city's graffiti removal costs associated with removing particular graffiti, indicating the particular provision of this chapter upon which such liability is founded;
(3) The amount of the city's graffiti removal costs and the date by which such costs must be paid to the city;
(4) The location and description of said graffiti;
(5) A statement notifying the responsible party of his or her right to request an administrative hearing regarding liability or the amount of removal costs;
(6) A statement notifying the responsible party that if he or she does not request such a hearing within ten days of the date of receipt of the notice, then all appeal rights are deemed waived and the city's determination regarding liability and costs will become final; and
(7) A statement notifying the responsible party that if he or she does not request a hearing or pay the amount of costs owing by the dates indicated, then the amount will be assessed and recorded against his or her real property by the city as a lien.
(8) The form of the notice shall be approved by the City Attorney. The notice shall be served as provided for in Chapter 95A.
(B) Hearing Regarding Costs or Liability. Upon timely request of a hearing by a responsible party regarding the liability of the responsible party or the amount of the city's costs incurred in removing graffiti, the Fire Chief shall schedule a hearing before the Community Preservation Committee. Such hearing shall be conducted in accordance with the procedures prescribed by Chapter 95 of the Indio City Code.
(Ord. 1153, passed 4-20-94; Am. Ord. 1173, passed 3-16-95)