If graffiti is not removed by the perpetrator as required by section 42-206, graffiti shall be removed pursuant to the following provisions:
(a) Property owner responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten days after service by first class mail of notice of the defacement. The notice shall contain the following information:
(1) The street address and legal description of the property sufficient for identification of the property;
(2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding;
(3) A statement that the graffiti must be removed within ten days after receipt of the notice and that if the graffiti is not abated within that time the city will declare the property to be a public nuisance, subject to the abatement procedures in sections 2.2(19), and 11.9 of the city charter; and
(4) An information sheet identifying any graffiti removal assistance programs available through the city and private graffiti removal contractors.
(b) Exceptions to property owner responsibility. The removal requirements of subsection (a) above shall not apply if the property owner or responsible party can demonstrate to the chief of police or city manager that:
(1) The property owner or responsible party lacks the financial ability to remove the defacing graffiti; or
(2) The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service by first class mail of notice of the defacement.
(c) Right of city to remove.
(1) Use of public funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use public funds for the abatement of the graffiti nuisance, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the city manager, or his designee, determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.
(2) Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal, the city shall attempt to secure the consent of the property owner or responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this article, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below.
(d) Abatement and cost recovery proceedings.
(1) Notice of due process hearing. If the owner has refused consent and the city intends to proceed with abatement, the city manager, or his designee, serving as the hearing officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than 48 hours notice of the city's intent to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and testimony that the property does not constitute a public nuisance. Notice shall be served in the same manner as a citation in a civil action in accordance with section 1-13(7) of the code. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and mailing by first-class mail to the most current owner of record as shown on the city's tax rolls.
(2) Determination of hearing officer. The determination of the hearing officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice in an abatement order that, unless the graffiti is removed within ten days, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer), or such other abatement thereof as the hearing officer determines appropriate, and shall provide the owner with an accounting of the costs of the abatement on a full cost recovery basis.
(3) Abatement effort. Not sooner than the time specified in the order of the hearing officer, the city manager, or the designee of the city manager, shall implement the abatement order and shall mail an accounting to the owner and the responsible party of the costs thereof.
(4) Cost hearing. The owner or responsible party may, within ten days following date of mailing, request a hearing before the hearing officer on the abatement cost accounting, and appropriate due notice and a due process hearing shall be extended to the owner or responsible party. If, following the hearing, or if no hearing is requested, after the implementation of the abatement order, the total amount set forth in the abatement accounting, or an amount thereof determined as appropriate by the hearing officer, shall be due and payable to the city by the owner or responsible party within 30 days.
(5) Lien. If all or any portion of the abatement charges remain unpaid after 30 days, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the abatement effort. The city treasurer shall cause a notice of lien to be recorded with the Ingham County Register of Deeds. If any such charges are not paid within six months after the recording of the lien, the official in charge of the collection shall, prior to May 1 of each year, certify to the tax assessing officer of the city of the facts of such delinquency, whereupon the officer shall enter such delinquent charges upon the next city tax roll as a charge against the premises pursuant to sections 2.2(19) and 11.9 of the city charter and the lien shall be enforced in the same manner as provided by law for delinquent and unpaid taxes.
(6) Suit. Unpaid abatement charges shall also constitute a debt owed to the city by the owner or the person occupying and controlling the property which may also be collected by the city by a suit in assumpsit brought in the name of the city against the owner or person occupying or in control of the premises, or both.
(Ord. No. 177, 10-5-2009; Ord. 222, § 21, 12-3-2018)