(A) Removal by the perpetrator.
(1) Any person applying graffiti on public or private property shall remove such graffiti or cause such graffiti to be removed within seventy-two (72) hours after notice from the city or the owner of the property involved. If the graffiti is applied by a person under the age of eighteen (18), the parents or legal guardians of such minor shall be responsible for such removal.
(2) It shall be unlawful for any person who has applied graffiti to fail to remove such graffiti within seventy-two (72) hours after receipt of notice to remove the graffiti. If the perpetrator fails to remove the graffiti within the time allowed, the property owner or City may abate the nuisance pursuant to subsection (B) of this section and the perpetrator will be responsible for the abatement costs.
(B) Removal by the City.
(1) Whenever the City becomes aware of the existence of graffiti on private property, the City is authorized to remove the graffiti as set forth in this subsection after first giving notice to the property owner to remove or effectively obscure such graffiti as provided in this subsection. The notice shall be given by certified mail, return receipt requested, or by personal service, and shall contain the following:
(a) The street address or other description of the property sufficient for identification of the property.
(b) A statement that the property is a public nuisance due to the existence of the graffiti.
(c) A statement that the graffiti must be removed or effectively obscured within seven (7) days after receipt of the notice and that if the public nuisance created by the graffiti is not abated within that time the City will abate the public nuisance.
(2) If the property owner fails to remove or effectively obscure the graffiti within the prescribed seven (7) days after receipt of notice described above, the City may cause the graffiti to be removed or effectively obscured.
(3) Appeal. Any property owner who receives a notice to remove or obscure graffiti may appeal to the City Manager within seven (7) days of receipt of the notice. The appeal notice shall be in writing and state the reasons for the appeal. The City Manager, or designee, shall set a hearing within seven (7) business days after receipt of the notice of appeal. If, on appeal, the City Manager, or designee, determines that the graffiti is a public nuisance and must be removed, the City Manager, or designee, shall establish a new date for removing or obscuring the graffiti. The City shall not remove or obscure graffiti until a decision has been rendered by the City Manager, or designee.
(4) Emergency removal. If the City determines that any graffiti is an imminent danger to the safety or welfare of the public it shall prepare a notice as described in subsection (e)(2)a., which shall serve as an emergency notice, including a specific allegation of how the safety or welfare of the public is in jeopardy and why the graffiti constitutes an imminent danger. If the City is unable to provide personal service of this emergency notice after two (2) attempts to do so, then the City may remove the graffiti at its own expense after posting such property with said notice. If a property owner receives notice that emergency removal has been deemed necessary by the city the property owner shall:
(a) Cause the immediate removal of the graffiti or cause the graffiti to be obscured or;
(b) Give permission to the City to obscure or remove the graffiti at the city's cost or;
(c) Immediately obtain appropriate relief from a court of competent jurisdiction directing the city to stop any attempt to obscure or remove any graffiti.
(5) Repairs/restoration. In no case shall the City paint or repair any area defaced by graffiti more extensively than where the graffiti itself is located. The City shall not be required to restore the obscured area to its original condition (i.e. exact color, texture etc.)
(Ord. O-2008-22, passed 5-20-08)