(A) An owner or lawful occupant of any property in the city commits an offense if the owner fails to cover, paint over or remove all graffiti from the owner’s property that is visible from any public property or right-of-way or from any private property not owned or controlled by the owner.
(B) Before filing a complaint under division (A) above, the city shall serve the owner and, if not the same, the occupant of the property with written notice to remove the graffiti. The notice may be served in person or by certified mail, return receipt requested, addressed to the owner and, as applicable, the occupant. If a certified letter comes back undelivered and personal delivery has been attempted and has failed, then service may be accomplished by posting the notice on or near the front door of each building on the premises to which the violation has occurred; however, service by posting on the premises is not effective notice to an owner who is not the occupant of the property. Prosecution under division (A) above shall not be commenced until 20 days after notice is served pursuant to this division (B).
(C) Service of notice in this section shall be the date the notice is personally served on the owner or occupant, as applicable, the date certified mail return receipt shows the letter was delivered or the day the notice is posted on the door.
(Ord. 070731, passed 7-31-2007) Penalty, see § 93.99