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(a) Notice of Violation. Where the Director determines that any property contains graffiti in violation of Section 2303, the Director may issue a notice of violation to the property owner and/or any Offending Party. At the time the notice of violation is issued, the Director shall take one or more photographs of the alleged graffiti, and shall make copies of the photographs available to the property owner and/or any Offending Party upon request. The photographs shall be dated and retained as a part of the file for the violation. The notice shall give the owner and/or any Offending Party 30 calendar days from the date of the notice to either remove the graffiti or request a hearing on the notice of violation, and shall set forth the procedure for requesting the hearing. The notice shall also inform the owner and/or any Offending Party that where the owner and/or any Offending Party fail to either remove the graffiti or request a hearing within 30 calendar days from the date of the notice, the Director may initiate proceedings in accordance with this Article 23 to enter upon the property and abate the graffiti. The notice shall inform the owner and/or any Offending Party that should the Director need to abate the graffiti, that the owner and/or any Offending Party shall be liable for all costs of enforcement and abatement. The notice shall further inform the owner and/or any Offending Party that the minimum charge for removing graffiti is the greater of either $500 or the actual cost to the City, including overhead and administrative costs, as well as attorneys' fees where the Director has elected to seek recovery of attorneys' fees. The Director shall serve the notice of violation as follows:
(1) One copy of the Notice shall be posted in a conspicuous place upon the building or property.
(2) One copy of the Notice shall be served upon each of the following:
(A) The person, if known, in real or apparent charge and control of the premises or property involved;
(B) The owner of record; and
(C) Any Offending Party.
(3) The Director shall serve one copy of the notice upon any Community Benefits District, Business Improvement District, or Green Benefits District, as those districts are defined in Article 15 and 15A of the Business and Tax Regulation Code, in the neighborhood where the Notice is posted. The Director may also serve one copy of the notice upon any other parties with a recorded interest.
Service, as referenced in subsections (a)(2) and (3), may be made by personal service or by certified mail.
(b) Where property defaced by graffiti is owned by a public entity other than the City, the Director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the property. The Director shall use all reasonable efforts to minimize graffiti on City-owned property, but City-owned property shall not otherwise be subject to the requirements of this Article 23 except if it is associated with an Offending Party.
(c) Notwithstanding the time periods for noticing, hearings, and abatement specified in Sections 2304, 2305, and 2306, the Director, in his or her discretion, may modify such time periods if the graffiti is associated with an Offending Party to expedite such procedures, including, but not limited to, requiring the immediate abatement of graffiti, if the amount, frequency, level, type, or scope of graffiti warrants such action.
(Added as Sec. 1304 by Ord. 29-94, App. 1/14/94; amended by Ord. 211-99, File No. 990623, App. 7/30/99; Ord. 263-04, File No. 041150, App. 11/4/2004; Ord. 72-14 , File No. 140261, App. 5/23/2014, Eff. 6/22/2014; redesignated and amended by Ord. 44-16 , File No. 160103, App. 4/8/2016, Eff. 5/8/2016; amended by Ord. 56-22, File No. 211151, App. 4/15/2022, Eff. 5/16/2022)