(A) Notice. Whenever the city becomes aware of the existence of graffiti on any property, the city is authorized to remove the graffiti as set forth in this section after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner’s manager or agent, or any other person in possession or control of the property. Whether to remove graffiti from public or private property shall be in the sole discretion of the city.
(B) Method of notice. If the name and address of the property owner, manager or agent of the property owner, or person in possession or control of the property can be ascertained in the exercise of reasonable diligence, written notice shall be provided by personal service; or by certified mail; or by any manner of mailing that will establish confirmation of the delivery of the notice. Notice to any one of the individuals set forth above shall be deemed sufficient notice to remove or effectively obscure the graffiti. If such address information cannot be so ascertained, written notice shall be affixed to the property in a conspicuous place.
(C) Entry onto premises. If graffiti is not removed or effectively obscured within 30 calendar days from receipt of the notice described in division (B) above, the city may cause the graffiti to be removed or effectively obscured. In the interest of public welfare, the city is authorized to enter upon any public or private premises for the purpose of removing graffiti without obtaining additional process or authorization to do so, provided that notice to remove or effectively obscure the graffiti has been given as described in division (B) above.
(D) Obstruction. It shall be unlawful for any person to intentionally obstruct the city or the city’s agent from entry onto any premises for the purpose of removing or obscuring graffiti after written notice as described in division (B) above has been provided.
(E) Appeal procedure. A property owner, his or her agent or manager, or other person in possession or control of the property, may, within seven calendar days from receipt of the notice described in division (B) above, file an appeal with the City Manager or his or her designee. Appeals shall be in writing and shall state the reasons for the appeal. If the party filing the appeal requests a hearing, such hearing shall be held by the City Manager or his or her designee. If, on appeal, the City Manager or his or her designee determines that the graffiti must be removed, the City Manager or his or her designee may set a new deadline date for compliance or alternatively, authorize the city to proceed to remove or obscure the graffiti. The city shall not remove or obscure any graffiti during the pending of an appeal.
(F) Emergency removal. If the City Manager or his or her designee determines that any graffiti is a danger to the health, safety or welfare of the public, he or she may immediately, without notice, abate the public nuisance, and the city may cause the graffiti to be removed at the owner’s expense.
(G) Obstructing emergency removal of graffiti. It shall be unlawful for any person to intentionally obstruct the city or the city’s agent from entry onto any premises for the purpose of removing or obscuring graffiti on an emergency basis.
(H) No emergency appeal procedure. When the City Manager or his or her designee determines that emergency removal is justified under this section, there is no appeal process regarding the decision to remove or obscure the graffiti.
(I) Repair/restoration. In no case shall the city paint or repair any area obscured 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., color, texture and the like).
(J) Charges for abatement by the city concerning graffiti. The actual costs incurred by the city in removing or otherwise remedying graffiti pursuant to these sections shall be charged to the owner of the offending property, and the owner shall pay these charges within 30 days after receiving from the city a statement of charges. In the event charges for the removal or abatement of graffiti are not paid within 30 days after the receipt of a statement of charges as listed in this section, such charges shall become a lien upon the land or premises where the graffiti existed and shall be collected as unpaid taxes, as provided in G.S. § 160A-193.
(Code 2019, § 8-15.1) (Ord. passed 8-9-2010) Penalty, see § 50.999