(a) General. Any person applying graffiti within the City shall have the duty to remove same in a manner approved by the City within twenty-four (24) hours after notice by the City or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute an additional violation of this chapter. Consistent with Civil Code Section 1714.1, where graffiti is applied by minors, the parent or guardian shall be responsible for such removal or payment for the cost thereof.
(b) Public property. Whenever the Public Works Director or his designated representative determines that graffiti exists upon property owned by the City, it shall be removed as soon as possible. When property is owned by a public entity other than the City, the removal of the graffiti may be authorized by the Public Works Director or his representative, and removal undertaken by City personnel or independent contractor only after securing written consent of the public entity having jurisdiction over the property.
(c) Private property.
(1) Duty to remove. It is every property owners’ duty to remove graffiti promptly from their property in a manner acceptable to the City. Where graffiti is located upon private property, which is capable of being viewed by persons utilizing any public right-of-way or sidewalk within the City, the City may cause a written notice to be served upon the owner of the affected premises requesting the removal of that graffiti. Unless additional time is granted by the City, due to a hardship in complying, the property owner shall have five (5) business/work days after the date of the City’s notice to remove the graffiti. Failure to remove it shall be a violation for each day the graffiti is not removed. Failure to remove the graffiti will deem to authorize the City to remove the violation. Costs of such removal shall be assessed as a lien on the subject property.
(2) Notice. The notice shall be addressed to the name and address as appears on the last tax assessment roll, by depositing a copy of the notice in the U.S. mail, with postage fully prepaid, or personally delivering a copy of the notice to owner. The service is complete at the time of such deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any proceeding.
(3) Enforcement. Enforcement by way of criminal prosecution is an alternate and an additional remedy to other abatement and enforcement procedures available to the City.
(§ 1, Ord. 1033-NS, eff. July 18, 1989, as amended by § 1, Ord. 1155-NS, eff. July 7, 1992)