Graffiti may be removed by any of the following methods:
(A) Wherever the city manager, or designee, determines that graffiti, as defined in this subchapter, is located on public or privately owned property within the city so as to be capable of being viewed by a person utilizing any public right-of-way in the city, the City Manager is authorized to provide for the removal of the graffiti upon the following conditions:
(1) If the graffiti is located on property owned by the city, the City Manager, or designee, may immediately remove the graffiti by any practicable means.
(2) If graffiti is located on property owned by a public entity, graffiti removal is authorized only after securing the consent of the public entity having jurisdiction over the property and such entity executes a release and waiver, approved as to form by the City Attorney, and agrees to an assumption of costs incurred by the city for the removal of the graffiti.
(3) Except as provided below, where a structure is privately owned, the removal of graffiti may be authorized only after securing the consent of the owner and the owner having executed a release and waiver approved as to form by the City Attorney.
(B) Graffiti located on privately owned structures or privately owned real property in the city and which can be viewed by a person utilizing any public right-of-way within the city may be removed by the city at the owner's expense as a public nuisance. This section applies under the following circumstances:
(1) The private property owner persuaded, allowed or encouraged the graffiti problem;
(2) The private property owners consent cannot be obtained; or
(3) The City Manager determines that the removal of graffiti or other inscribed material from a privately owned property exceeded three occurrences per privately owned real property during one calendar year.
(Ord. 1072, passed 9-15-03)