A. Definitions: For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection:
ADVERTISING: Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on the property by an owner or tenant of the property, or an agent of such owner or tenant, for the purpose of promoting products or services or conveying information to the public.
GRAFFITI: Means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, or by an authorized agent for such owner or tenant.
OWNER: The owner of record as shown by the most current tax rolls of the county treasurer.
REMOVAL, REMOVE OR REMOVED: When used in relation to the eradication of graffiti, means the act of taking graffiti off of, or masking the presence of graffiti on, a rock, tree, wall, bridge, fence, gate, building or any other structure.
TENANT: Any person shown by the records of the county clerk's office as a lessee of the property, or any person lawfully in actual physical possession of the property.
B. City Authority; Administration:
1. The city may cause graffiti to be removed from property within the city limits in accordance with the following procedure.
2. The city manager is hereby designated as the administrative officer for the city to carry out the duties of the city in this section.
C. Graffiti Removal Procedure:
1. Property Owner Consent For City Removal: The property owner and the tenant, if any, may give their written consent to the city authorizing removal of graffiti. By giving such written consent, the owner and tenant each waives the right to notice and a hearing by the city manager as otherwise required in this section.
2. City Authority To Remove Without Consent: If the consent of the property owner and the tenant, if any, to remove graffiti from the property cannot be obtained, the city may remove the graffiti without such consent pursuant to the procedures set forth in this section.
3. Notice; Time Limit For Removal:
a. To remove graffiti from property without the consent of the property owner and the tenant, if any, at least ten (10) days' notice shall be given by certified mail, return receipt requested, directed to the address shown by the current year's tax rolls in the county treasurer's office. Notice to the tenant, if any, shall be given by certified mail, return receipt requested, to the property address.
b. The notice shall order the property owner and tenant, if any, to remove graffiti from the property and shall further state that unless such work is performed within twenty (20) days of the date of the notice, the work shall be done by the city. In addition, notice shall be given by posting a copy of the notice on the property at least one time not less than ten (10) days prior to any hearing or action by the city.
c. If the city anticipates summary abatement of graffiti in accordance with the provisions of subsection D of this section, the notice shall state that any accumulations of graffiti on the property occurring within one year from and after the date of the notice may be summarily abated by the city without a hearing and further prior notice to the property owner or the tenant, if any, except by posting of notice at least one time on the property not less than two (2) business days prior to such summary abatement.
4. Hearing By City Manager: A hearing may be held by the city manager to determine whether the accumulation of graffiti on the property has caused the property to become detrimental or a hazard to the health, safety, or general welfare of the public and the community.
5. Right Of Entry; City Authority: Upon finding that the condition of the property constitutes a detriment or hazard, and that the property, the public, and the community would be benefited by the removal of such conditions, the agents of the city are granted the right of entry onto the property for the removal of the graffiti thereon and for performance of the necessary duties as a governmental function of the city.
6. Right Of Appeal: The property owner and the tenant, if any, shall have a right of appeal to the city council from any order of the city manager. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) business days after the administrative order is rendered.
D. Summary Abatement:
1. If a notice is given by the city manager to a property owner and tenant, if any, ordering graffiti to be removed from property within the city limits in accordance with the procedure provided for in subsection C of this section, any subsequent accumulations of graffiti on the property occurring within a one year period may be summarily abated without further mailing or publishing prior notice to the property owner or tenant, if any. However, prior to the summary abatement by the city, notice thereof shall be posted at least one time on the property not less than two (2) business days prior to such summary abatement.
2. This subsection shall not apply if the records of the county clerk show that the ownership and/or tenancy of the property was transferred after notice was given pursuant to subsection C of this section.
E. Removal At City Expense: Removal of graffiti by the city pursuant to the provisions of this section shall be performed at the sole expense of the city. In removing the graffiti, the city shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property.
F. Abatement As Nuisance: Nothing in the provisions of this section shall prevent the city from abating graffiti as a nuisance or otherwise exercising its police power to protect the health, safety, or general welfare of the public.
G. Nonliability Of City Officers And Employees: The city and its officers, employees or agents shall not be liable for any damages or loss of property due to the removal of graffiti performed pursuant to the provisions of this section. (Ord. 435, 10-8-2012)