A. Inspections To Ensure Compliance: It shall be the duty of the enforcement officer, upon the presentation of proper credentials, to make inspections of any property as is necessary to ensure compliance with these regulations.
B. Inspection Made With Consent: Inspections may be made with consent of the owner or other responsible person. If consent is not granted, a search may be made pursuant to an administrative search warrant issued by a court of competent jurisdiction.
C. Inspection Of Abandoned Or Vacant Property: The enforcement officer is hereby authorized to enter upon any property deemed abandoned or vacant without consent of the property owner or other responsible person for purpose of inspecting said property for violations of these provisions.
D. Department Authority To Clean And Remove; Failure To Comply:
1. If the responsible person fails to clean and remove or obliterate graffiti after a notice has been issued by the enforcement officer pursuant to subsections 5-8-5A and B of this chapter, or if graffiti is found to exist on abandoned and vacant property, the city may, at its expense, employ necessary assistance and cause the graffiti to be removed.
2. The enforcement officer, upon approved completion of the work, shall:
a. Prepare an itemized statement of all expenses, including administrative expenses, incurred in removing or obliterating the graffiti.
b. Mail a copy of the statement to the property owner or responsible person demanding payment of such expenses to the city treasurer within thirty (30) days of the date of mailing.
c. Each notice to the owner shall be considered delivered when mailed by certified mail to the property owner's last known address.
E. Alternate Methods Of Compelling Payment: If the owner or other responsible person fails to make payment within the required thirty (30) days after the date of mailing, or after the date of decision of the appeal, of the amount set forth in the itemized statement of costs, payable to the city treasurer, the enforcement officer may either cause suit to be brought in an appropriate court of law or refer the matter to the county treasurer, as provided in subsections F and G of this section.
F. Collection By Lawsuit: If collection of expenses is pursued through the court, the city shall sue for and receive a judgment upon all of the costs of removal, including administrative costs, together with reasonable attorney fees, interest and court costs. The city may execute on such judgment in the manner provided by law.
G. Collection Through Taxes:
1. If the enforcement officer elects to refer the collection of expenses to the county treasurer for inclusion in the tax notice of the property owner, the enforcement officer shall:
a. Make, in triplicate, an itemized statement of all expenses, including administrative costs, incurred in the removal of the graffiti; and
b. Shall deliver three (3) copies of the statement to the county treasurer within ten (10) days after the expiration of the thirty (30) day period provided in the statement under subsection D2 of this section.
2. Upon receipt of the itemized statement of the cost of removing the graffiti, the county treasurer shall forthwith mail one copy to the owner of the land from which the same was removed, together with a notice that objection in writing may be made within thirty (30) days to the whole or any part of the statement so filed to the county commission. The county treasurer shall at the same time deliver a copy of the statement to the clerk of the county commission. If objections to any statement are filed with the county commission, they shall set a date for hearing, giving notice thereof, and upon the hearing fix and determine the actual cost of removal of the graffiti, and report their findings to the county treasurer. If no objections to the items of the account so filed are made within thirty (30) days of the date of mailing such itemized statement, the county treasurer shall enter the amount of such statement on the assessment rolls of the county in the column prepared for that purpose, and likewise within ten (10) days from the date of the action of the county commission upon objections filed shall enter in the prepared column upon the tax rolls the amount found by the county commission as the cost of removing the graffiti. If current tax notices have been mailed, said taxes may be carried over on the rolls to the following year. After the entry by the county treasurer of the costs of removing the graffiti the amount so entered shall have the force and effect of a valid judgment of the district court, and shall be a lien upon the lands from which the graffiti was removed, and shall be collected by the county treasurer at the time of the payment of general taxes. Upon payment thereof, receipt shall be acknowledged upon the general tax receipt issued by the county treasurer. (Ord. 09-08, 3-31-2009)