(A) Public nuisance declared. The existence of graffiti on any city-owned property is expressly declared to be a public nuisance.
(B) Abatement. The City Council hereby declares and finds graffiti to be a nuisance subject to abatement according to the provisions and procedures contained in this subchapter.
(C) Postings. No person shall post, affix, or attach any handbill, poster, or placard on any city- owned property, or without the permission of the owner or occupant on any non-city-owned property within the unincorporated area of the city. The Chief of Police, the City Administrator, Street Department, Water Department, Traffic Department, and any additional city department head, as authorized by the City Council, is authorized to order removal of these posters from city-owned property. The decision to remove these posters shall not be based on content. Any person who is actually or constructively responsible for the posting, creating, printing, or copying of this type of poster shall be liable for the costs incurred in the removal thereof; and the Chief of Police, the City Administrator, Street Department, Water Department, Traffic Department, and any additional city department head, as authorized by the City Council, is authorized to effect the collection of those costs. The costs shall be the actual or reasonable costs attributable to the removal of the posters. Persons billed for the removal costs may appeal the cost assessment to the City Council in accordance with rules adopted by the Council. The decision of the Council will be final for purposes of judicial review.
(D) Presumption of responsibility. For purposes of this section, there shall be a presumption that a person (corporate or individual), whose name or telephone number or address or notice of public or private appearance or business location appears on the poster is a person responsible for posting the poster.
(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996) Penalty, see § 131.99