The mayor may cause graffiti to be removed from private property located within the city in accordance with the following procedure:
A. Removal Of Graffiti With Or Without Consent Of Owner; Procedure:
1. The property owner, tenant and/or occupant, if any, may give their written consent to the city authorizing removal of the graffiti. By giving such written consent, the owner and the tenant and/or occupant each waive the right to notice and a hearing as otherwise required by this section;
2. If the consent of the property owner, tenant and/or occupant, if any, to remove graffiti from the property cannot be obtained, the director may remove the graffiti without such consent pursuant to the procedures set forth in this section;
3. To remove graffiti from property without the consent of the property owner, tenant and/or occupant, if any, at least ten (10) days' notice of a hearing shall be given to such persons. Notice to the owner shall be given by mail directed to the address shown by the current year's tax rolls in the county treasurer's office. Notice to the tenant and/or occupant, if any, shall be given by mail directed to the property address. The notice shall order the property owner, tenant and/or occupant, if any, to remove graffiti from the property and shall further state that unless such work is performed within twenty (20) days of the date of the notice the work shall be done by the city. At the time of mailing of notice to the property owner, tenant and/or occupant, if any, the director shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee(s). In addition, notice shall be given by posting a copy of the notice on the property at least one time not less than ten (10) days prior to any hearing or action by the city. Any accumulations of graffiti on the property occurring within one year from and after the date of the notice may be summarily abated by the city without a hearing and further prior notice to the property owner, tenant and/or occupant, if any, except by posting of notices at least one time on the property not less than two (2) business days prior to such summary abatement;
4. The hearing may be held by the mayor to determine whether the accumulation of graffiti on the property has caused the property to become detrimental or a hazard to the health, safety, or general welfare of the public and the community; and
5. Upon finding that the condition of the property constitutes a detriment or hazard, and that the property, the public, and the community would be benefited by removal of such conditions, the mayor may authorize the city to enter onto the property for the removal of the graffiti thereon.
B. Appeal: The property owner and the tenant, if any, shall have a right of appeal to the city council from any order of the mayor. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) business days after the administrative order is rendered.
C. Summary Abatement: If a notice is given by the city to a property owner and tenant, if any, ordering graffiti to be removed from property within the city limits in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of graffiti on the property occurring within a one year period may be summarily abated without further prior notice to the property owner or the tenant, if any. However, prior to the summary abatement by the city, notice thereof shall be posted at least one time on the property not less than two (2) business days prior to such summary abatement. This subsection shall not apply if the records of the county clerk show that the ownership and/or tenancy of the property was transferred after notice was given pursuant to subsection A of this section.
D. Cost Of Removal Of Graffiti: Removal of graffiti by the city pursuant to the provisions of this section shall be performed at the sole expense of the city. In removing the graffiti, the city shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property. (Ord. 1041 §1, 2007)