1323.12  REMOVAL OF GRAFFITI.
   (a)   The exterior of all privately-owned structures and premises shall be free from graffiti when such graffiti is visible from a right-of-way, or may otherwise be seen by the public.  Owners on whose property graffiti is displayed shall completely remove the graffiti or shall completely and uniformly cover the graffiti with appropriate wall finish.
 
   (b)   Whenever the Director of the Department of Community Development finds a structure or portion thereof to be in violation of subparagraph (a) hereof, said Director of Community Development or Chief of Police shall prepare a written notice of violation describing the location of the graffiti to be removed or covered.  Such notice and order shall be posted in a conspicuous place on the premises to which it relates.  Such notice of violation shall require the owner to remove or cover the graffiti in accordance with subparagraph (a) hereof or appeal to the Board of Building Appeals in accordance with subparagraph (c) within seventy-two (72) hours of the posting of the notice.  Such posting shall be deemed legal service of such notice.
(Ord. 97-184.  Passed 5-13-97.)
 
   (c)   The owner shall have a right to appeal the notice and decision of the Director of Community Development or Chief of Police and appear before the Board of Building Appeals at a specified time and place to show cause why said owner should not comply with such notice.
(Ord. 97-184.  Passed 5-13-97.)
 
   (d)   If the owner fails to remove or cover the graffiti or appeal to the order of the Director of Community Development or Chief of Police within seventy-two (72) hours of the posting of the notice, the Director of Community Development or Chief of Police shall cause the graffiti to be abated and any expenses or costs incurred under this section shall be paid by the owner of the dwelling structure or premises.  If the owner fails to pay the cost within thirty (30) days after the receipt from the Director of Community Development of a statement of the charges and costs incurred therein, then the Director of Community Development may cause the amount to be levied as an assessment and recovered in accordance with Ohio Revised Code Section 715.216.  Notwithstanding the method of collection set forth herein, the Director of Law may take any action necessary to collect the cost of graffiti abatement from the owner or other responsible party or parties.
(Ord. 97-184.  Passed 5-13-97.)
 
   (e)   For purposes of this section, "graffiti" means any unauthorized inscription, word, figure or design which is marked, etched, scratched, drawn, applied, or painted on any structural component or wall or other surface of any building, structure, or other facility regardless of the nature of the material of the structural component.  Such inscription, word, figure, or design shall be deemed unauthorized if the property owner has not granted written permission prior to its application to the structure.
 
   (f)   The Director of Community Development may provide inspectors with citation tags which may be used for the purpose of giving due notice and summons to the person responsible for violations of subparagraph (a) of this section, in accordance with Section 1323.11 hereof.
(Ord. 94-91.  Passed 3-15-94.)