(A) Any gas, telephone, water, sewer, cable, telephone, or other utility operating in the city, other than an electric utility, shall paint their above-surface metal fixtures which are installed after the effective date of this subchapter with a uniform paint type and color.
(B) Each encroachment permit issued by the city shall, among other things, be conditioned on:
(1) The permittee applying an anti-graffiti material to the encroaching object or structure of a type and nature that is acceptable to the City Administrator or his or her designee;
(2) The immediate removal by the permittee of any graffiti;
(3) The right of the city to remove graffiti or to paint the encroaching structure; and
(4) The permittee providing the city with sufficient matching paint and anti-graffiti material on demand for use in the painting of the encroaching object or structure containing graffiti.
(C) In imposing conditions upon conditional use permits, variances, building permits to the extent permitted by law, or approving other similar land use entitlement or development or design applications, the city shall, unless the imposition would work an undue hardship, impose the following conditions or other similar or related conditions:
(1) The applicant shall apply an anti-graffiti material of a type and nature that is acceptable to the City Administrator or his or her designee to those of the publicly viewable surfaces to be constructed on the site deemed by the Administrator or designee to be likely to attract graffiti (“graffiti attracting surfaces”);
(2) The applicant shall grant, in writing, the right of entry over and access to those parcels, upon 48-hours’ posted notice, by authorized city employees or agents, for the purpose of removing or painting over graffiti or graffiti attracting surfaces previously designated by the City Administrator or his or her designee. This grant shall be made an express condition of approval and shall be deemed to run with the land;
(3) The applicant, and any and all successors in interest, shall, for a period of 2 years after approval, provide the city with sufficient matching paint and anti-graffiti material on demand for use in the painting over or removal of designated graffiti attracting surfaces; and
(4) The persons applying for approval of a subdivision shall, as part of any conditions, covenants, and restrictions, enter into a covenant, which covenant shall run with the land in a form satisfactory to the county, that the owners of the lots shall immediately remove any graffiti placed on publicly viewable trees and structures thereon.
(1969 Code, § 17-40) (Ord. 1996-38, passed 10-28-1996) Penalty, see § 131.99