The provisions of this chapter will be enforced by the City of West Buechel Code Enforcement Officer or any other law enforcement officer in accordance with all laws, regulations and ordinances pertaining to public nuisances and/or property maintenance. Criminal violations are punishable as set forth in KRS chapter 512. Civil violations of this chapter are punishable as follows:
(A) A notice of violation, citation, or order will be issued to the owner or other responsible party who has control of said property where graffiti is observed. The notice shall identify the location of the graffiti and provide a general description of the graffiti.
(B) (1) Within seven calendar days of the issuance of a notice of violation, citation or order, the property owner or responsible party must take one of the following actions:
(a) Remove the graffiti;
(b) Contact the West Buechel City Hall and sign a waiver which will authorize the city to have the graffiti removed and charge the cost of same to the property owner/responsible party; or
(c) Dispute the notice of violation, citation or order by filing with the City Clerk a written request for a review of the notice of violation or citation.
(2) Upon receiving a notice of dispute and requesting a review of the citation, the Mayor, in addition to being a member of the Hearing Board, shall appoint two members of the Council and one member of the community at large, and schedule an evidentiary hearing to hear evidence relating to the disputed violation, citation or order. Following a final determination by the members of the Hearing Board, a copy of the results will be mailed by Certified Mail, Return Receipt Requested, to each person who contested and disputed the violation/ citation, at the last known address provided. If the Review Board rules in favor of the property owner/responsible party then the matter is finished and no further action will be taken. If the Board upholds the notice of violation or citation then the provisions of divisions (A), (B), (C) and (D) of this section apply.
(C) If the property owner/responsible party fails to remove the graffiti, authorize the city to do so, or disputes the notice of violation or citation and is ruled against by the Hearing Board, the city may proceed to remove the graffiti and bill the owner/responsible party for the costs of doing so. If the costs of removal are not paid within 60 days of the issuance of a bill by the city to the responsible party, the city will proceed with legal action to collect same plus any costs associated with collection and/or the city will place a lien against the property as set forth in § 141.05.
(D) If the notice of violation, citation or order is not contested, or, if the Board upholds the action taken, the city and any employee, agent or contractor may then enter upon any parcel of real estate involved therein, and cause the graffiti described in the notice of violation to be eliminated, obliterated or otherwise removed with costs of same billed to the property owner/responsible party.
(Ord. 229-2010, passed 3-5-10)