(A) Definition. The term "graffiti", for purposes of this section, shall mean the inscription or representation, on a building, structure, wall, sign, fence, sidewalk, pavement, post, stone, tree or other object or structure, of any symbol, diagram, letter, word, numeral, emblem, picture, character or combination thereof by carving, application of paint or other substance or other means without the consent of the owner or person in charge of such object or structure and other than as permitted by ordinance.
(B) Removal required. It shall be the duty of the owner or occupant of the building, structure or wall upon which any graffiti has been placed by another person to remove, cover or eradicate the graffiti within five days from its placement on the property. If the owner or occupant has failed to remove the graffiti within that period, the owner or occupant shall be notified via certified mail or personal notice that he or she has five days to remove the graffiti. For good cause shown, the owner or occupant may be given additional time to meet the removal requirements without being charged with a violation of this section.
(C) Penalty. The failure of the owner or occupant of property to remove, cover or eradicate graffiti as required by this section shall be a violation.
(D) Removal by town authorized. In addition to any fine which may be imposed, if the owner or occupant fails to remove, cover or otherwise eradicate the graffiti by the date stated in the notice, or such later date as the owner or occupant may be allowed, the town or its authorized agent may enter upon the property and remove such graffiti, and the cost of removal shall be collected from the owner or occupant of the property.
(E) Lien for costs of removal by town. The cost of removal shall be a lien upon the real estate affected. Within 60 days after such cost and expense has been incurred, the town shall file a notice of lien in the Office of the County Recorder. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date when such cost and expense was incurred by the town. Upon payment of the cost and expense by the owner of or person interested in such property after notice of lien has been filed, the lien shall be released by the town, and the release may be filed of record at the owner’s or occupant’s expense.
(F) Recovery of costs. The town’s exercise of the remedies provided in this section shall not prevent the owner or occupant from recovering, through civil suit or otherwise, the cost of removal or other reparation from the person responsible for placing the graffiti on his or her property.
(Ord. 2002-15, passed 10-14-02)