A. Findings: The City Council of the City of Inver Grove Heights makes the following findings regarding the need to promptly remove graffiti from private and public property:
1. Graffiti constitutes a form of vandalism defacing public and private property without the permission of the owner, and causing citizens, businesses and the City to incur the cost of repair and removal.
2. Graffiti is a visual symbol of disorder eroding public safety, contributing to a downward spiral of blight and decay, lessening property values, business viability and ultimately tax revenues and, as such, is inconsistent with the City's property maintenance goals and aesthetic standards.
3. The failure to maintain one's property by removing graffiti after being ordered by the City to do so within a reasonable period of time is injurious to the public health, safety, morals and general welfare of the residents of the City.
B. Definition:
GRAFFITI: Any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of a permanent structure, fixture or object, including, but not limited to: buildings, walls, fences, bridges, benches, shelters, sidewalks, hydrants, fountains, pavement, curbs, trees, rocks, signs, utility poles or boxes situated on public or private property to the extent that the inscription, word, figure, painting or other defacement was not authorized in advance by the responsible party for the property.
C. Graffiti Vandalism: It shall be unlawful for any person to intentionally place or apply, or attempt to place or apply, graffiti on any surface of a permanent structure, fixture or object located on public or private real property within the city without the advance authorization of the property owner.
D. Removal Of Graffiti:
1. By Perpetrator: Any person applying graffiti on public or private property has the duty to remove the graffiti within twenty four (24) hours after being given notice by the city or property owner. This removal must be done in a manner prescribed by the city administrator, chief of police, code compliance specialist or their designees. Any person applying graffiti is responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal will constitute an additional violation of this section. If graffiti is applied by a person under eighteen (18) years old, the parents or legal guardian will also be responsible for such removal or for the payment for the removal. Notice shall be served as provided in this section.
2. By Property Owner: If graffiti is not removed by the perpetrator according to the previous subsection, the city may order that the graffiti be removed by the property owner or any person who may be in possession or who has the right to possess such property. The graffiti must be removed within seven (7) days unless a different time frame is specified in the notice. Notice shall be served as provided in this section.
E. Notice: The city shall cause written notice to be served on the perpetrator or owner of the property by personal service or by certified mail, ordering the perpetrator or owner to remove the graffiti within the time frame specified in the notice. The notice shall contain a description of the property, the location of the graffiti, and inform the perpetrator or owner that failure to comply with the notice may result in the imposition of a criminal citation. (Ord. 1195, 7-27-2009)