It is unlawful for any person who is the owner, or who has primary responsibility for control, of property or who has primary responsibility for the repair or maintenance of property (“responsible party” hereinafter in this chapter), to permit the property which is defaced with graffiti to remain so defaced for a period of forty-eight hours after service by city by first class mail of notice of same, unless (1) the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or (2) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of fifteen days after service of first class mail of notice of same.
(Ord. 2023-11-1545 § 22, 2023; Ord. 94-04-1178 § 1 (part))