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(A) Permission for entry; cost recovery by city.
(1) Permission from an owner.
(a) If the owner or responsible party of the property signs a permission form, the city or its private contractor may enter the property to abate graffiti.
(b) The owner or responsible party shall be responsible for the cost of the abatement, unless prior agreement for the costs are made.
(2) No permission from an owner.
(a) If the property owner or responsible party refuses to sign a permission form or cannot be located and the city, at its sole discretion, deems it appropriate to abate graffiti on the property, the city will issue a notice of graffiti abatement.
(b) The notice may be served in person, by certified mail, by posting on the subject property, or publishing in a city newspaper of general circulation.
(B) Notice. The notice of graffiti abatement will contain the following information:
(1) Identify the property and describe the nature of the graffiti;
(2) A statement declaring that the property is a public nuisance;
(3) A statement declaring that abatement may commence within three business days from the date of the notice;
(4) Liability waived: neither the city or its private contractor shall be liable for any abatement of graffiti that does not match or resemble the original surface; and
(5) Cost recovery: the owner or persons in control of the property shall be responsible for the cost of the abatement, unless prior agreement for the costs are made.
(C) Designation of Enforcement Authority and Hearing Officers.
(1) All officers and investigators of the City Police Department, City Fire Department, the City Building Official, the Code Enforcement Officer, the Building Inspectors, Sanitation Inspector and the Code Enforcement specialist are authorized to issue notices of graffiti abatement for violations of this code within city jurisdiction.
(2) The City Council shall appoint a Hearing Officer for graffiti abatement to preside over an administrative review from persons interested from within the city. The Hearing Officer may be reappointed or replaced by majority vote of the Council at any regular City Council meeting.
(D) Administrative review.
(1) Request for review. An owner or responsible party may object to the notice of graffiti abatement by filing a written request for review with the Hearing Officer no later than three business days after receiving the notice of graffiti abatement.
(2) Review process. Upon timely receipt of the request for review, the Hearing Officer, will notify the enforcement authority to defer enforcement action until the review is final. The owner or responsible party must promptly supply the Hearing Officer with any additional information necessary to determine whether or not the property constitutes a nuisance. When the review is final, the Hearing Officer will notify the owner or responsible party and the enforcement authority of his findings within five business days. The owner or responsible party will be notified by certified mail.
(3) Determinations of the Hearing Officer. The determination by the Hearing Officer is final and not appealable, if the Hearing Officer determines that the property contains graffiti and is a public nuisance, the Hearing Officer will issue a written eradication order stating that the city may enter upon the property with 24 hours and abate the graffiti.
(1976 Code, § 10-2-5) Penalty, see § 131.99