§ 90.096 GRAFFITI ABATEMENT.
   (A)   When notice to remove graffiti, as provided below, is given to a person who has primary responsibility for control, repair, or maintenance of property, that person must cause the graffiti to be substantially eliminated within 48 hours of the notice.
   (B)   Notice to remove graffiti may be given by any person who promptly files a copy of the notice with the office of the Building Inspector.
   (C)   The notice must:
      (1)   Identify the property that is defaced;
      (2)   Identify the portion or area of the property where the graffiti appears;
      (3)   State the date and time when the notice was served;
      (4)   Identify the person on whom the notice was served;
      (5)   Provide notice that the graffiti must be eliminated within 48 hours unless the person served appeals the order to the Building Inspector within that period;
      (6)   Identify the person who served the notice.
   (D)   The person who receives the notice is subject to a civil penalty of $50 for each 24-hour period or portion thereof that the graffiti remains beyond 48 hours of the notice.
   (E)   If the person to which the notice was given fails to eliminate the graffiti within 48 hours, the Town may eliminate the graffiti in a manner that does not diminish the value of the property, and the cost of doing so shall be a lien against the property where the cost was incurred in the manner as provided in North Carolina General Statutes.
   (F)   A person that receives notice to remove graffiti may appeal the notice to the Building Inspector and be relieved of the obligation to eliminate the graffiti upon establishing lack of authority to eliminate the graffiti or impracticability of eliminating the graffiti.
(Ord. 1240, passed 3-13-2007)