A. Graffiti Defined: Graffiti is any permanent display of any name, identification, letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, illustration, symbol or any combination thereof, which without authorization, or, despite advance authorization, is marked, written, drawn, painted, scratched, inscribed or affixed, and which is a different color from the color of the exterior of those objects or structures described above and to which is affixed. Graffiti shall not include any sign, marking or communication permitted or required to be permitted by law and inscribed, placed or otherwise displayed with the permission of the landowner.
B. Graffiti And Damage To Property Prohibited: It shall be unlawful, and is hereby declared a nuisance to place graffiti upon any public or private curb stone, flagstone, brick, sidewalk or any portion of any part of any sidewalk or street, or upon any tree, lamp post, telephone pole, utility box, utility pole, stanchion, postal mail receptacle, sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle, bridge, pier or upon any other public or private structure or building. It shall also be unlawful, and is hereby declared a nuisance, to actively damage, befoul, disturb, destroy or deface any City property or any public or private property without permission of the owner.
C. Removal Of Graffiti By Property Owner Or The City:
1. Property Owner Responsibility: It shall be unlawful for any person who is the owner or who has primary responsibility for control of the property or for repair or maintenance of property in the City to permit property that is defaced with graffiti or otherwise damaged in violation of subsection B of this section to remain defaced or damaged for a period of two (2) days after written notice of the defacement violation has been provided by the City with the ability of a time extension being granted if the property owner contacts the Community Development Department within the specified time frame. Said written notice shall contain the following information:
a. The street address or legal description of the property sufficient for identification of the property;
b. A statement that the graffiti must be removed or the damage fixed within two (2) days after receipt of the written notice; and
c. If the graffiti or damage is not abated within the specified time frame, the City will declare the property to be a public nuisance, subject to abatement procedures.
2. Exception To Property Owners Responsibility: The removal requirement of subsection C1 of this section shall not apply if, in the City’s discretion, the property owner has demonstrated that:
(1987 Code § 14-32)
a. An extension of the time is needed due to weather, temperature or physical limitations. An extension of time may be granted by the City upon application of the property owner to and approval by the Director of Community Development and/or their designee; or
b. 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 the program; however, it shall be unlawful to permit such property to remain defaced for a period of seven (7) days after service of written notice; or
c. The property damage in question is not the result of an intentional act of property damage but rather due to general neglect in maintaining the property, or due to a weather event or other natural or accidental cause. In such a case, the City shall determine if the property otherwise violates City codes on property maintenance, and shall determine whether to issue a citation to the owner based on the above violation.
3. Abatement By The City Upon Noncompliance:
a. Any property owner who fails to remove graffiti or otherwise repair property damage within two (2) days after receiving written notice from the City shall receive a nontraffic citation and notice to appear at an adjudication hearing for a violation of subsection C1 of this section.
b. Upon the failure of any owner or agent so notified to remove graffiti or otherwise repair property damage, the Director of Community Development is hereby authorized and empowered to pay for the removal or to order the removal by the City; upon which the City will use all powers available to recoup expenses/costs incurred by said abatement for noncompliance.
D. Penalty; Restitution: A violation of this section is an ordinance violation with a fine according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties. Restitution by the violator shall also be made to the owner of any property damaged or destroyed. Nothing herein shall preclude such additional civil remedies available to the person whose property has been damaged or destroyed.
(1987 Code § 14-32) (amd. Ord. 19-1186, 2-18-2019; Ord. 22-40, 6-20-2022)