(a) Findings. The increasing incidents of the defacement of public and private property through the application of graffiti upon walls, rocks, bridges, buildings, fences, gates, other structures, trees and other real and personal property within the corporate boundaries of the City constitutes a blight on this community and encourages illegal activity. Therefore, in the interests of the health, safety, and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this blight.
(b) Reports by public. The public is encouraged to cooperate in the elimination of graffiti by reporting such incidents to the proper authorities.
(c) Definitions. Whenever the following terms are used in this section, they shall have the meaning established in this division:
(1) "Graffiti" means defacing, damaging, or destroying public and private buildings, structures, and places by spraying of paint or marking of ink, chalk, dye, or other similar substances.
(2) "Graffiti abatement procedure" means an abatement procedure which identifies graffiti, issues notice to the property owner to abate the graffiti, and cures, in the absence of a response, by removal or complete covering over of the graffiti.
(3) "Private contractor" means any person with whom the City shall have duly contracted to remove or cover over graffiti.
(d) General prohibition. No property owner, occupant, or person in charge of or in control of the property shall permit graffiti to exist upon any wall, rock, bridge, building, fence, gate, or other structure, tree or other real or personal property, after the remediation period provided in the notice sent pursuant to division (e) of this section.
(e) Notice of removal.
(1) Whenever the Chief of Police or his or her designated representative determines that graffiti exists on any public or private building, structure or place, which is visible to any person utilizing any public right-of-way in the City, whether this is a road, parkway, alley, walkway or otherwise, the Chief of Police or his or her designated representative shall cause a notice to be issued to abate such nuisance. The property owner shall have 48 hours after the date of the service of the notice to do one of the following:
A. The property owner or his or her properly authorized agent may proceed to the Police Department and provide proof of ownership of the identified property by presenting the original or a certified copy of the deed, and sign a release and waiver of liability form, giving the City authority and permission to remove or cover over the graffiti at no cost to the property owner; or
B. The property owner or his or her properly authorized agent may proceed to the Police Department and provide proof of ownership of the identified property by presenting the original or a certified copy of the deed, and sign an agreement stating that the property owner will be responsible for removing or completely covering over the graffiti within seven days from the receipt of the notice from the City.
(2) The Chief of the Police Department or his or her designee shall cause a written notice to be served upon the owner of the affected premises, as such owner's name and address appear on the last property tax assessment rolls of the County. If there is no known address for the owner, the notice shall be sent in care of the property address or posted on the property. The notice required by this section may be served:
A. By personal service on the owner, occupant or person in charge or control of the property; or
B. By registered or certified mail addressed to the owner at the last known address of said owner, and if returned "unclaimed" or "refused," then by ordinary mail. If the address is unknown, the notice shall be sent to the property address, or physically posted on the property at a conspicuous location.
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:_________________________________
NOTICE IS HEREBY GIVEN that you are required by law to fully cooperate with the City of Lima and the Lima Police Department to remove or paint over the graffiti located on the property commonly known as , which is visible to public view, within forty-eight (48) hours after the receipt of this notice by doing one of the following:
(1) You may proceed to the Lima Police Department and provide proof of ownership of the identified property by presenting the original or a certified copy of the deed, and sign a release and waiver of liability form, giving the City authority and permission to remove or cover over the graffiti at no cost to the property owner; or
(2) You may proceed to the Lima Police Department and provide proof of ownership of the identified property by presenting the original or a certified copy of the deed, and sign an agreement stating that you will be responsible for removing or completely covering over the graffiti within seven (7) days from the receipt of the notice from the City.
(3) If you fail to take either of the two (2) steps prescribed in paragraphs one (1) and two (2), or if you fail to comply with any agreement to remove or cover over the graffiti, private contractors employed by the City or City employees will enter upon your property and abate the public nuisance by removing or painting over the graffiti. The cost of the abatement by such private contractors or City employees may be assessed upon your property and such costs will constitute a lien upon the land until paid. You may also be charged with a criminal, misdemeanor offense and assessed civil penalties.
(4) If you disagree with the graffiti removal order, you may file an appeal with the Board of Building Appeals within 30 days from the service of this notice.
(f) City's costs may constitute lien. Any and all costs incurred by the City in the abatement of the graffiti nuisance under the provisions of this section may constitute a lien against the property upon which such nuisance existed.
(g) Appeals. Within 30 days from the service of the notice, the owner or person occupying or controlling the premises or lot affected may appeal to the Board of Building Appeals. The purpose of the appeal is limited to the determination of the propriety of the removal or covering over of the graffiti and whether or not the owner, occupant or person in charge of or in control of the property shall bear the cost of the removal of said graffiti.
(h) Abatement by City. Upon failure of persons to comply with the notice, or any agreement to remove or to cover over the graffiti by the designated date, or such continued date thereafter as the Chief of Police or his or her designated representative approves, then the Chief of Police is authorized and directed to cause the graffiti to be abated by a private contractor or by City employees, and such private contractor or City employees are expressly authorized to enter upon the premises for such purposes. All reasonable efforts to minimize damage from such entry shall be taken by the City, and any paint used to obliterate graffiti shall be sufficient to completely cover the graffiti and be capable of allowing a finished surface which is to be completed by the property owner. If the Chief of Police provides for the removal or covering over of the graffiti or other inscribed material, he or she shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.
(i) Private property consent forms. Property owners in the City may consent in advance to the City's entry onto private property for graffiti abatement purposes. The City will make forms for such consent available.
(Ord. 132-94. Passed 9-26-94).
(j) Penalty. Whoever violates this section is guilty of a minor misdemeanor and shall be fined $150.
(1) Each day during or on which a violation continues after the remediation period provided in the notice sent pursuant to division (e) of this section shall constitute a separate offense.
(2) Whoever violates this section shall also be required to pay a Civil Penalty in the amount of $250.
(3) No criminal action shall be filed prior to the expiration of the appeal process provided herein.
(Ord. 067-15. Passed 3-23-15.)