If graffiti is not removed pursuant to section 6-8-9 of this chapter, graffiti shall be removed pursuant to the following provisions:
If the owner of any real property permits upon, allows to remain, or otherwise fails to remove graffiti, the village shall be entitled to enter onto any such real property and remove such graffiti upon ten (10) days' written notice, sent by certified mail, return receipt requested, in addition to the imposition of any other applicable rights and penalties. Such notice shall advise the property owner that unless the subject graffiti nuisance is abated or unless the property owner objects to the entry onto the subject property in writing to the director of code administration and preservation on or before a date certain, which date shall not be less than ten (10) days from the date of mailing, the village shall enter onto the subject property and abate the nuisance as provided herein. In the event of a timely written objection as provided herein, the village shall file an action in the circuit court complaining of a violation of the provisions of this chapter, and requesting an order authorizing entry onto the subject property to remove the graffiti and for such other relief as may be provided by law. If no written objection is timely filed, the village, or such person authorized to remove the graffiti on behalf of the village, shall be entitled to enter onto the subject property and abate the nuisance by causing the removal of any graffiti located thereon. The village or its authorized agent shall not be liable for any claims for damages resulting from working on or otherwise removing graffiti from an owner's property pursuant to this section. (Ord. 2011-23, 8-1-2011)