§ 10-64. Removal of graffiti by city.

(a)

Courtesy notice. Whenever the city becomes aware of the existence of graffiti on any property, the city officers and employees are authorized to provide courtesy notice for the immediate removal of the graffiti. The courtesy notice shall be accomplished in the most efficient and expeditious manner possible to include personal contact, electronic contact, telephonic contact or the posting of the property. In addition to the name of the person making contact and to whom the contact is made, the courtesy notice time and date shall be contemporaneously documented to the case file. After 48 hours, the city or its agents are authorized enter the property to remove or effectively obscure such graffiti. The public cost of such action shall be billed to the property owner, and may be collected by legal actions in accordance with law. The city may sue in a court of competent jurisdiction to recover all such expenses, which shall include, but not be limited to, all administrative personnel costs, attorney's fees and costs related to enforcing this section; and/or to the extent permitted by law, the city may record a lien in the public records of the county, which lien shall be for all such expenses, and the amount of the lien shall bear interest from the date of recording.

(b)

Declaration of public nuisance. If the city elects not to abate the graffiti under section 10-214(a), the notice of a declaration of public nuisance, appeal proceedings and liability for costs shall be provided for in sections 10-27 through 10-29 of this chapter.

(c)

Emergency removal. If the city determines that any graffiti is a danger to the health, safety, or welfare of the public and is unable to provide courtesy notice by after an attempt to do so, then at any time after the posting of the property, the city may enter and remove or cause the graffiti to be removed at its expense.

(d)

Repair/restoration. In no case shall the city paint or repair any area obscured by graffiti more extensively than where the graffiti itself is located. The city shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).

(Ord. No. 2014-75, 9-23-14)

Editor's note

Ord. No. 2014-75, adopted Sept. 23, 2014, set out provisions intended for use as § 10-68. In order to preserve the sequential numbering of sections, and at the editor's discretion, these provisions have been included as § 10-64.