(a) The Village Administrator may remove any graffiti determined to be in violation of § 680.03 upon receiving written consent and waiver of liability from the owner of the premises in accordance with division (c) of this section. The Village Administrator may prepare and distribute forms for this purpose.
(b) If the Village Administrator is for any reason unable to obtain consent from the owner of the premises, the Village Administrator shall cause a notice to be mailed to the owner of the premises where the graffiti exists notifying the owner of the Village Administrator’s determination that the premises contain graffiti in violation of § 680.03, and that the graffiti must be removed within five days of receipt of such notice. The notice shall also state that the owner may authorize the Village Administrator to remove the graffiti by giving written consent and waiver of liability in accordance with division (c) of this section. Notice shall be provided in accordance with § 680.06.
(c) As a condition for allowing the Village Administrator to cause removal of the graffiti, the owner shall also sign a release on a form provided by the Village Administrator releasing the village from liability for damage to public or private property in connection with the removal of the graffiti. The owner may give advance consent to the Village Administrator to remove graffiti from the premises in the future without the need for the Village Administrator to obtain the owner’s consent prior to each removal. Such prior authorization shall be in writing to the Village Administrator and shall be signed by the owner. The prior authorization may be revoked by the owner at any time by notifying the Village Administrator in writing.
(d) Whenever the Village Administrator is authorized by this chapter to remove graffiti, and uses public funds for such purpose, the Village Administrator shall not authorize or undertake to provide for the painting or graffiti removal of any more extensive area than that were the graffiti is located, except in the following circumstances:
(1) The Village Administrator determines in a written notice to the owner that a more extensive area is required to be repainted or repaired in order to avoid an esthetics disfigurement to the neighborhood or community; or
(2) The owner agrees to pay for the costs of repainting the more extensive area.
(e) Where property defaced by graffiti is owned by a public entity other than the village, the Village Administrator shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the premises.
(f) Nothing in this chapter shall relieve any private person or entity, including utility companies, which occupy the public right-of-way pursuant to permit, franchise or license, of the obligation to keep its facilities in repair, clean, and free of graffiti.
(Ord. 97-13, passed 4-15-1997)