(a) Purpose. Graffiti on public and private property is a blighting factor, which not only depreciates the value of the property that has been the target of malicious vandalism, but also depreciates the value of the adjacent and surrounding properties, and in so doing, negatively impacts the entire Municipality. The Municipality desires to define clearly its position on graffiti and to enact regulations to abate graffiti in an expeditious manner.
(b) Definitions. For the purpose of this section, the words and phrases defined hereunder shall have the meanings herein ascribed to them, unless a different meaning is clearly indicated by the context.
(1) “Graffiti” means any unauthorized inscription, word, figure, painting, marking, design, drawing or other defacement without regard to content that is marked, etched, scratched, sprayed, drawn, written, engraved, painted, or otherwise affixed on an exterior surface of any premises and which is visible from the street or other public or private property within the Municipality.
(2) “Premises” means any real or personal property which is affixed, incidental or appurtenant to real property, including, but not limited to sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, other structures, or surfaces, fixtures and other improvements, whether permanent or temporary and whether public or private.
(c) Graffiti Prohibited. Graffiti, whether located upon public or private premises within the Municipality, is hereby declared a public nuisance. Every owner of any premises within the Municipality shall cause the premises to be kept clear and free of such graffiti, and shall otherwise comply with the requirements of this section. It shall be the responsibility of all property owners to remove graffiti from their premises expeditiously to substantially reduce or nullify any effect or intended purpose of the graffiti. The manner of reducing or nullifying the graffiti shall not result in a spotted or mismatched surface condition. All premises, including sidewalks, walls, buildings, fences, signs, rocks, trees, bridges, gates, other structures or surfaces, fixtures and other improvements, whether permanent or temporary, and whether public or private, shall be kept free from graffiti when the graffiti is visible from the street or other public or private property within the Municipality.
(d) Notice of Violation. If it is determined by the Municipality that graffiti exists on property in violation of this section, the Municipality shall notify the owner of the property in writing by first class mail. The notice shall be sent to the address of the owner as it appears on the current tax list of the Auditor of Lucas County, Ohio or the mailing list of the Treasurer of Lucas County, Ohio. The written notice shall contain the following information:
(1) The street address and any other information needed to clearly identify the property;
(2) A statement that the graffiti present on the property must be abated by a date certain, said date to be not less than twenty-one calendar days after the date the notice is sent;
(3) A statement that if the graffiti is not removed on or before the specified date, the Municipality will refer the matter to the Municipal Prosecutor for enforcement action.
(e) Penalty. Whoever violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of Section 541.11 shall, for each and every violation or noncompliance, be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days, or both. Each day such violation is permitted to continue or exist shall constitute a separate offense. (Ord. 20-10. Passed 8-23-10.)