A. Probable Cause; Warrant: Police Department and other City personnel that have probable cause to believe a violation of this Chapter exists may enter upon private property at any reasonable time for the purpose of carrying out any of the duties assigned to them under this Chapter. However, prior to entry upon private property to verify the existence of a violation of this Chapter, an appropriate warrant authorizing the contemplated search or other necessary actions shall be first obtained from a court of competent jurisdiction. If a property owner or person in possession of private property consents to entry by police or other City personnel onto the property, no warrant shall be required.
B. Right Of Entry: Upon a finding by the Council that graffiti exists or with the consent of the property owner, members of other City departments authorized by the Council may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this Chapter.
C. Interference Prohibited: It shall be unlawful for any person to prevent, delay or interfere with representatives of the City Police Department or other City departments while they are engaged in the performance of duties imposed by this Chapter.
D. Abatement By City; Reimbursement By Owner: A property owner may ask the City to remove graffiti from the owner's property before being ordered to do so, following the abatement procedure set forth in Sections 5-2-5 through 5-2-8 of this Chapter. If the City agrees to remove the graffiti, the City shall have the property owner or designated agent sign a consent form authorizing the City or its agents to enter onto the property and a release of liability form. The property owner shall be liable for any costs which the City incurs in removing graffiti. The City may collect the costs as a special assessment pursuant to Minnesota Statutes section 429.101, subdivision I(c), if property owner fails to reimburse the City upon request. (1998 Code)