(a) Definitions. For the purpose of this section, the words and phrases defined hereunder shall have the meanings herein ascribed to them, unless a different meaning is clearly indicated by the context.
(1) "Public nuisance". Graffiti, whether located upon public or private premises within the City, is hereby declared a public nuisance. Every owner, occupant or person in control of any premises within the City shall cause the premises to be kept clear and free of such graffiti, and otherwise comply with the requirements of this section.
(2) "Graffiti" means any inscription, work, figure, marking, design, or defacement that is marked, etched, scratched, drawn, written, or painted on any premises and which is visible from the street or other public or private property within the City.
(3) "Premises" means any real or personal property which is affixed, incidental or appurtenant to real property, including, but not limited to sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, other structures, or surfaces, fixtures and other improvements, whether permanent or temporary and whether public or private.
(b) Graffiti Prohibited. It shall be the responsibility of all property owners to expediently remove graffiti from their premises to substantially reduce or nullify any effect or intended purpose of the graffiti. All premises, including sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, other structures or surfaces, fixtures and other improvements, whether permanent or temporary, and whether public or private, shall be kept free from graffiti when the graffiti is visible from the street or other public or private property within the City.
(c) Notice of Violation.
(1) If it is determined by the City that graffiti exists on property in violation of this section, the City shall, in writing, notify the owner of the property or responsible party through the issuance of a Notice of Violation providing a maximum of five days to abate the graffiti.
(2) This Notice of Violation may be served by the following methods:
A. By certified mail return receipt requested or by priority mail with delivery confirmation to the address of the owner, as listed in the County Auditor's tax lists at the mailing address as shown on such tax lists;
B. By ordinary mail if the certified mail is refused or unclaimed;
C. By personal service;
D. By posting at the subject property; or
E. By publishing such a notice once in a newspaper of general circulation in the City.
(3) No person shall fail to abate graffiti after receiving Notice of Violation.
(d) Removal of Graffiti; City Assistance.
(1) City property. The Safety-Service Director shall develop and implement administrative policies and procedures to cause the removal of graffiti from City owned property and rights of way.
(2) Other public property. Where property defaced by graffiti is owned by a public entity other than the City, the Safety-Service Director may cause removal of the graffiti using City resources only after securing the consent of an authorized representative of the public entity that has jurisdiction over the premises.
(3) Private property. In the event that the owner does not abate the graffiti within five calendar days of service of notice to do so, the Safety-Service Director or designee is authorized to enforce the provisions of this section and shall abate or cause to abate the nuisance. The Safety-Service Director shall report to Council all expenses involved in the abatement of such nuisance, including but not limited to, the cost of service as provided for in subsection (c) above. All expenses and labor costs incurred shall be paid out of the General Fund.
(4) The Safety-Service Director is authorized to provide assistance for graffiti removal to private property owners in the following manner:
A. Provide technical advice regarding the removal of graffiti.
B. Provide property owners a list of vendors who sell graffiti removing materials/substances or who can provide further technical assistance.
C. Provide a list of contractors who provide graffiti removal services.
(e) Recovery of Costs. Whenever any graffiti is abated by the City pursuant to the provisions of this section, the City shall assess the cost of such abatement to the owner or person having control of the real estate upon which the graffiti was abated. Notice of such assessment shall be sent by either priority mail service with delivery confirmation or certified mail, return receipt requested, to the owner or person having control of the real estate at his last known address to pay the cost of such abatement. If payments of such costs are not received by the City within thirty days after mailing of such notice, Council may make a written return to the County Auditor of the charges for their services, the amount paid for labor, the fees of the officers serving such notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and returned to the City. In the alternative, the City may seek a judgment against the owner for the cost of abating the nuisance in a court of competent jurisdiction.
(f) Prohibited Conduct. No person may mark, etch, sketch, drawn, write or paint any inscription, figure or mark of any type on any public or private building or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm or corporation.
(g) Penalty.
(1) Whoever violates subsection (c) hereof is guilty of failure to remove graffiti, a minor misdemeanor on the first offense. For a second offense, occurring not sooner than thirty days and not later than one year after the first offense, a misdemeanor of the fourth degree. For a third offense, occurring not sooner than thirty days and not later than two years after the first offense, a misdemeanor of the second degree. For a fourth offense and each subsequent offense, occurring not sooner than thirty days and not later than two years after the first offense, a misdemeanor of the first degree.
(2) Each day such a violation of subsection (c) hereof continues after receipt of a Notice of Violation shall be considered a separate offense.
(3) Whoever violates subsection (f) hereof is guilty of a misdemeanor of the first degree.
(4) In addition to any punishment specified in this section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution.
(Ord. 13-2010. Passed 3-23-10.)