A. When the Director of Public Services finds a nuisance as described in Section 8.69.030 to exist, he or she shall cause a "Notice to Remove Graffiti'' to be given in regard to all property on which, or abutting that property on which, the nuisance exists. A Notice shall be mailed to each property owner as his, her or its name and address appears in the current records of a title company or the tax assessment rolls of the county, or as may be otherwise known. The Notice shall contain a date, a description of the property by street designation and any other information deemed appropriate by the Director of Public Services to designate the location from which graffiti, writings or other inscriptions are to be removed. The Notice shall be in substantially the following form.
"NOTICE IS HEREBY GIVEN pursuant to Section 8.69.040 of the San Bernardino Municipal Code that the Director of Public Services of the City of San Bernardino has determined that a nuisance exists on or abutting the property described in this Notice, or on the parkway thereof. The nuisance consists of graffiti, writings or other inscriptions, on buildings, walls, fences, curbs or other structures on such property or abutting such property. You must abate or remove this nuisance, by removal or covering of such graffiti, writings or other inscriptions. If you do not remove such nuisance, the nuisance may be removed and abated by the City of San Bernardino, without further notice to you, and for that purpose officers, agents, employees or contractors working under the direction of the Director of Public Services may enter upon your property to abate such nuisance.
Any person objecting to this determination of a nuisance or the proposed removal and abatement of said nuisance shall file a written protest with the City Clerk not later than five days from the date of mailing of this Notice. The City Clerk shall transmit such protest promptly to the Director of Public Services, who shall promptly schedule a date, time and place for hearing, and shall give notice thereof to the protesting property owner or other protester.
The Director of Public Services will personally, or by an official hearing officer designated by him or her, hear any protests and consider any information, evidence or argument concerning the existence of such alleged nuisance, and after having given to the property owner, or his or her representative, the reasonable opportunity to be heard, shall render a decision as to whether a nuisance exists. If a timely protest has been filed, you or your agent may appear at said hearing and be heard and may present and hear evidence concerning the existence of the alleged nuisance and the proposed abatement.
If you desire to have the City remove such nuisance, you may notify the Director of Public Services that you consent to abatement of the nuisance by the City.
B. In addition to mailing the Notice in the manner and form required herein, such Notice may (permissive) be conspicuously posted on or adjacent to the property from which the nuisance is to be abated.
(Ord. MC-370, 5-22-84)