Sec. 94-82. Removal of graffiti.
(a) For the purpose of this section, graffiti shall mean any marking, symbol, slogan, logo, wording, phrase, name, or other extraneous painting, drawing, scratching, inscribing, or writing by use of paint, spray, markers, ink, or other method applied to public or private property without the consent of the owner, but is not commercial or political advertising.
(b) Any property upon which graffiti has been placed and which graffiti is visible to the public view, is hereby declared to be a public nuisance and, in the interest of public health, safety, and general welfare, shall be abated as set forth herein.
(c) When the city manager or the manager's designee determines that graffiti has been placed on any property creating a public nuisance, pursuant to subsection (b) of this section, the manager or the manager's designee shall issue to the owner or occupant of the involved property a notice of such public nuisance and demand that it be removed or eradicated. Such notice shall:
(1) Be in writing;
(2) Include a statement of the reason for its issuance;
(3) Provide a date certain by which the graffiti must be removed or eradicated;
(4) Be served upon the owner or occupant provided that:
a. If the owner or occupant is unable to be personally served, service of the notice shall be deemed complete when a copy thereof is sent by accountable mail to the last known address of the last known owner of the subject property, such address and owner being those which appear in the most recent general property tax assessment for such property levied by the appropriate county; or
b. If the owner or occupant is unable to be personally served and the address of such owner or occupant cannot be found after diligent efforts are made to do so, service of the notice shall be deemed complete upon posting such notice in a conspicuous place on or about the subject property, in which event, a record shall be made as to the reason such posting is necessary;
(5) Shall inform the owner or occupant that if the graffiti is not removed or eradicated in a timely manner, the city shall have the authority to remove or eradicate it and if the city does so, the costs and expenses incurred as a result will be assessed against the owner or occupant with notice of the amount of such assessment being mailed to the owner or occupant upon the completion of such abatement. A lien for such costs and expenses shall attach if no payment thereof is received by the city within 30 days after the mailing of the assessment notice, with the attachment of such lien creating such additional costs and expenses as enumerated in the notice.
(d) The owner or tenant of the property upon which the graffiti is located shall remove or eradicate the graffiti within the time indicated in the notice referenced in this section.
(e) If the graffiti is not removed or eradicated in a timely manner, the city shall have the authority to remove or eradicate it and shall have reasonable access to the property to do so. The city shall have the authority to recover from the owner or occupant the reasonable costs incurred for the removal or eradication of the graffiti. The recovery of costs and creation of any lien for such purpose shall follow the procedures set forth in section 142-81 of this Code.
(f) The city manager, or designee, shall make reasonable good faith efforts to cause the removal or eradication of any graffiti placed on private property in accordance with the city policy captioned "Graffiti Removal Policy" prior to initiating any action under subsections (c), (d) or (e) of this section. (Ord. No. 2005-93, § 6, 12-5-2005; Ord. No. 96-73, § 1, 12-30-1996)