In order to protect the public health, safety and welfare of the residents of the county and to prevent blight upon the community, graffiti, which is placed on private property and is visible from a public right of way, may be removed by any one or more of the following methods:
A. The person who applied the graffiti shall be responsible for the removal and/or costs of removal of the graffiti and any repairs required as a result of the application of the graffiti;
B. If the graffiti is applied by a juvenile, the parents or legal guardians of the juvenile shall be responsible for the removal and/or costs of removal of the graffiti;
C. The property owner or the property owner's designated representative may remove the graffiti at the owner's expense;
D. The Pershing County board of county commissioners may direct that the graffiti be removed with the written consent of the property owner at the county's expense, to be reimbursed if possible from the graffiti reward and abatement fund.
E. The Pershing County board of county commissioners may direct that the property owner of nonresidential property be given written notice that he has twenty (20) days to remove the graffiti from mailing of the notice provided: 1) the notice is mailed certified mail, return receipt requested; 2) the owner is given notice and an opportunity to request a hearing before the Pershing County board of county commissioners; 3) the owner is given fifteen (15) days to request a hearing; 4) the time period for removing the graffiti is tolled pending the hearing, a decision from the hearing, and any appeal thereon; and 5) the Pershing County board of county commissioners may remove the graffiti and may, through the district attorney's office, initiate an action to recover the expenses incurred through the removal of the graffiti if the owner did not remove or cover the graffiti and the owner: a) did not request a hearing; and b) requested a hearing and did not prevail.
F. The Pershing County board of county commissioners may direct that the property owner of residential property be given written notice that he has twenty (20) days to remove the graffiti from mailing of the notice provided: 1) the notice is mailed certified mail, return receipt requested; 2) the notice is posted on the residential property on which the graffiti will be covered or from which the graffiti will be removed, at least five (5) days before the officers, employees or other designees of the county cover or remove the graffiti; 3) the county may remove the graffiti at the county's expense. The county may seek reimbursement from the graffiti reward and abatement fund. (Ord. 189, 2002)