A. Prohibited: It is hereby declared unlawful for any person to place or put, by any means, any drawing, inscription, figure, symbol, or mark or any type commonly known as graffiti on any public or private property without the permission of the owner of the premises on which the surface is located, or upon any natural surfaces such as rocks or trees, or any other surface whatsoever.
B. Removal Required: Any person found to be in violation of this section shall be required to remove or cause to be removed the graffiti from the surface on which it was placed. Inasmuch as it is often not possible to determine the identity of the person who applied the graffiti, it shall be the duty of the owner or person in control of the premises on which the graffiti has been applied to promptly remove the graffiti after notice as hereinafter set forth. If, after notice as hereinafter provided, the graffiti nuisance is not abated, the City shall proceed to abate the graffiti nuisance and the costs of same shall be assessed against the property.
C. Notice To Remove:
1. Whenever the City discovers graffiti on any public or private property or any surfaces visible to persons utilizing public rights-of-way within the City, it shall, whenever seasonal temperatures permit the painting of exterior surfaces, cause a notice to be issued to the owner or person in control of the premises to remove the graffiti or cover it with paint or other suitable substance.
2. Said notice shall be served upon the owner(s) of the affected premises, as shown on the last Property Tax assessment rolls of Bonner County, Idaho, with a copy to the occupant of the premises. If there is no known address for the owner, the notice shall be served at the property address. Service of the notice may be accomplished through personal service on the owner, occupant, or person in charge or control of the property or by certified mail.
3. If the City removes the graffiti under the provisions of this section, a statement of charges billed to the property owner shall be mailed or personally delivered to the property owner. If payment is not received from the property owner within thirty (30) days, the amount billed shall, in accordance with State law, be assessed as a special assessment collectible against the subject property as other State, County and Municipal taxes. (Ord. 482, 6-5-2006)