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(A) Any owner or tenant shall notify the Town Police Department (the Department) within 48 hours of the appearance of graffiti on his or her property.
(B) Upon notification, the Department shall cause an inspection of the graffiti to be made, a police report to be filed and shall begin an investigation as the Department deems necessary and prudent. A copy of the police report shall be forwarded to the Town Manager for purposes of commencement of deadlines and notification requirement contained herein.
(C) Once an inspection has been made, the owner shall have ten business days in which to remove or cover the graffiti.
(D) Non-compliance with the removal provision of this section shall occur at the expiration of the ten business day period if the graffiti has not been either removed or covered.
(E) In the event of non-compliance, the Town Manager shall issue a written notice to the violating owner. The notice shall order the owner to correct the non-compliance by removal and/or covering of the graffiti within five days of receipt of notice. The notice may be served either personally on the owner or sent by certified mail with a return receipt requested. If the owner is a non-resident of the town, notice shall be sent to owner's last known address.
(F) Expenses incurred by the owner in abating the violation may be reimbursed from the fund upon compliance with reporting procedures and removal time frames. No reimbursement will be made if the owner does not comply with the requirements set forth herein.
(G) If the owner fails to abate the violation within the time prescribed by the notice, the owner shall be deemed to have granted permission to the respective town official to cause a designee of the town to enter the property for the limited purpose of covering and/or removing the graffiti.
(H) The Clerk/Treasurer shall make a certified statement of the actual cost incurred by the town in the covering and/or removal, and issue a bill for the costs, including administrative costs and removal costs, which bill shall be delivered to the owner either by hand or by certified mail, return receipt requested. The owner shall, within ten days of receipt or refusal of the notice, pay the amount due at the Clerk/Treasurer's office.
(I) Any notice of violation or bill issued under this section may be appealed to the Town Council if notice of appeal is given to the Clerk/Treasurer within seven days of the owner's receipt or refusal of the notice of violation. The Town Council shall hear any properly requested appeal at a regularly scheduled meeting within 30 business days following receipt of the appeal request and shall make a determination at the meeting at which it hears the appeal or at its subsequent regularly scheduled meeting.
(J) If the owner fails to pay a bill issued under this section within the time specified, the Clerk/Treasurer shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(K) Nothing contained herein shall be construed to preclude any criminal investigation by any other law enforcement agency.
(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 130.99