8-8-5: BUILDING OWNER RESPONSIBILITY:
Each owner or renter or lessee of a building or business upon which graffiti has been made shall within seventy two (72) hours of notice by the city police or city sanitation department, remove or obliterate such graffiti so that it shall become or be made indistinguishable as a message, depiction, code or marking. If not removed, the obliteration of the graffiti shall be made with paint or other suitable covering reasonably similar to the background coloring of the wall or place where the graffiti has been made or placed. Failure to do so by the building owner, renter or lessee will result in the city taking such action on its own and then assessing the cost of such to the building owner, renter or lessee, if the perpetrator of the making of graffiti or his or her parents or guardian(s) cannot be quickly identified by the city. The cost of same, being a benefit to the city and to the landowner, may be certified as a lien or debt against the land and placed on the Minidoka County tax rolls as an unpaid assessment; provided, however, an owner, renter, or lessee may file, in writing, an objection to this cleanup requirement with the city council and/or a request for extension of time for removal or obliteration to the city superintendent within seven (7) days of receiving the notice. Upon receiving a request for additional time, the city superintendent may, for good cause, extend the time period for removal or obliteration for a time period not exceeding two (2) weeks from the date of the city's original notice. If the owner, renter, or lessee is not granted additional time for removal or obliteration by the city superintendent or otherwise believes that removal or obliteration should not be required or that more than two (2) weeks is needed for removal or obliteration, the owner, renter or lessee may, after filing a written request, be heard by the city council in order to obtain such relief; the city council shall review the matter and determine if additional time should be granted or whether the removal or obliteration should be required. Sufficient cause to extend the time period for removal includes inclement weather and disability. The building owner, renter or lessee required to make such cleanup shall be subrogated to the rights of the city to require reimbursement by the party making the graffiti or that party's parents or guardian, if the maker is of minor age. (Ord. 08-502, 4-1-2008)