(A) Graffiti as nuisance. The existence of graffiti on public and private property in violation of this chapter is expressly declared to be a public nuisance.
(B) Removal of graffiti by perpetrator. Any person applying graffiti on public or private property must remove or pay for the removal of the graffiti in a manner approved by the property owner within 24 hours of notification. Failure of any person to remove or pay for removal of graffiti constitutes an additional violation of this chapter. If graffiti is applied by a minor, the parent(s) or legal guardian are also responsible for removal or payment for removal of graffiti.
(C) Removal of graffiti by property owner. It shall be unlawful for any person owning or otherwise in control of any real property within the city to maintain, permit or allow graffiti to remain on any property where the graffiti is visible from any street or other public or private property. The owner or other person in control of any public or private property shall remove or cause to be removed any graffiti on the property within three business days, excluding legal holidays and weekends, of the placement of the graffiti. Absenteeism from the property of the owner or person in control of the property or knowledge of the graffiti by the owner or person in control of the property shall be considered when determining a violation of this section.
(D) Removal of graffiti by city. The city is authorized, but not required, to use public funds for graffiti abatement on public or private property. The city is not required to paint, remove or repair an area more extensive than that covered by graffiti, unless the owner has made prior arrangements with the city and agreed to pay the costs for more extensive painting, removal or repair.
(1976 Code, § 10-2-4) Penalty, see § 131.99