(A) Authorization to Use City Funds. Whenever the Board of Public Works or its designated representative determines that graffiti is so located on public or private property within the City so as to be capable of being viewed by persons utilizing any public right-of-way in the City, the Board of Public Works or its designated representative is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied.
(B) Limitations to Use of City Funds. The use of City funds as authorized in this section is limited to the following cases.
(1) The Board of Public Works or its designated representative must approve each proposed use of City funds for the removal of graffiti.
(2) In removing the graffiti, the painting or repair shall be limited to the minimum necessary to properly restore the defaced area.
(3) Where a structure is owned by a public entity other than the City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure as set forth in subsection (C), below.
(4) Where a structure is privately owned, the removal of the graffiti by City personnel or by a private contractor under the direction of the City may be authorized only after securing the consent of the owner as set forth in subsection (C), below.
(5) The City reserves the right to recover City costs and expenses pursuant to this chapter, Penal Code Section 594, et seq., Code of Civil Procedure Section 731, Civil Code Section 1714.1, Government Code Section 38771, et seq., Welfare and Institutions Code Section 742.10, et seq., and any other remedies provided by law.
(C) Securing Consent. The City shall obtain the written consent of the owner of the affected public or private structures prior to removal of graffiti. Owners may consent in advance to City entry onto private property for graffiti removal purposes. The City will make forms for such consent available. The consent form shall be approved by the City and shall:
(1) Authorize entry of City employees or contractors on the affected property to accomplish the removal of the material;
(2) Assign to the City any cause or causes of action which the owner may have against any person or persons who deface said property with graffiti; and
(3) Hold the City, its officers, employees and contractors harmless from all liability arising out of the entry on the property or the work of removing the material.
(D) In any instance where the owner of the affected property or structure caused, materially contributed, or voluntarily consented to the placement of the graffiti, the owner may be held financially responsible pursuant to Section 49.84.8 of this Article.