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(A) The Property Owner's Consent To Remove: Whenever the chief of police, or his/her designee, determines that graffiti is located on public or private property so that graffiti may be viewed by a person using any public right of way or other public property, the chief of police or his/her designee is authorized to provide for and use public funds, if necessary, to remove graffiti upon the following conditions:
1. Public Property: Whenever the chief of police or his/her designee determines that graffiti exists upon property owned by the city, it shall be removed by the city public works department, or through the utilization of other city resources, as soon as possible, or within five (5) days. When the property is owned by a public entity other than the city, the removal of graffiti is authorized after securing written consent of the public agency having jurisdiction over the property.
2. Private Property: Where the subject property is privately owned, the removal of graffiti is authorized after the chief of police or his/her designee secures the written consent of the owner of the property, and the owner executes a release and waiver approved as to form by the city attorney.
3. Painting Or Repair: The graffiti shall be removed as authorized herein, but the removal shall not involve the painting or repair of a more extensive area than is necessary for such removal.
(B) Removal By City Without Consent Of The Property Owner: When the property owner has failed to either remove the graffiti or consent to its removal by the city within the time period specified in the notice set forth under section 7-13-7 of this chapter, the chief of police or his/her designee may remove such graffiti and abate the nuisance according to the provisions of sections 7-13-7 through 7-13-12, inclusive, of this chapter. (Ord. 1561, 8-24-1999)