(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ETCHING. Defacing, damaging, or destroying hard surfaces by means of a chemical action which uses any caustic cream, gel, liquid, or solution.
GRAFFITI. Any form of unauthorized printing, writing, spraying, scratching, affixing, etching, or inscribing on the property of another regardless of the content or the nature of the material used in the commission of the act.
VICTIM. The person whose property is defaced by graffiti and who bears the expense for removal of the graffiti.
(B) Damages under § 90.99(C) include removal costs, repair costs, or replacement costs, whichever is less.
(C) The court shall order an individual convicted under § 90.99(C) to pay restitution to the victim in an amount equal to the costs incurred by the victim as a result of graffiti.
(D) An additional amount of $1,000 in restitution shall be added to removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in order to remove it, or the entity responsible for the area in which the cleanup is to take place must provide assistance in order for the removal to take place safely.
(E) An individual who voluntarily, at the individual’s own expense, and with the consent of the property owner, removes graffiti for which the individual is responsible may be credited for the removal costs against restitution ordered by a court.
(F) Before an authorized government agency may issue a citation or assess a fine to a victim for the victim’s failure to remove graffiti from the victim’s property, the agency shall:
(1) Provide written notice to the victim, alerting the victim of the graffiti;
(2) Allow the victim one week after the day on which the agency provides written notice of the graffiti to remove the graffiti; and
(3) Provide the victim with a list of resources available to assist the victim with removal of the graffiti.
(G) (1) After receiving notification of graffiti under division (F)(1) above, a victim who is unable to remove the graffiti due to physical or financial hardship may alert the agency that provided notice under division (F)(1) above of the hardship.
(2) If an authorized government agency finds that a victim has demonstrated that the victim would experience significant hardship in removing the graffiti, the agency:
(a) May not issue a citation or assess a fee to the victim for failure to remove the graffiti; and
(b) Shall provide, or hire, an outside entity to provide the assistance necessary to remove the graffiti from the victim’s property.
(3) An authorized government agency that provides, or hires, an outside agency to provide assistance under division (G)(2)(b) above may request reimbursement from a restitution order, under division (C) above, against an individual who used graffiti to damage the property that the agency removed, or paid another to remove.
(Prior Code, § 8.06.050) (Ord. 05-2020, passed 4-1-2020)