[Ord. No. 3521 §6, 12-14-2006]
A. 
The Board of Aldermen hereby finds and determines as follows:
1. 
That graffiti as defined in this Article constitutes a nuisance in light of the City's unique history and national recognition as the oldest permanent European settlement west of the Mississippi River;
2. 
That the City contains the largest collection of French colonial buildings in North America and the only surviving French colonial village in the United States and the City has developed an extensive tourism industry based on such history and attributes which is essential to the future health and welfare of the residents of the City; and
3. 
That graffiti will not only deface and detract from the City's historic landmarks but will also adversely affect tourism and its benefits to the City and residents, thus the City must discourage and swiftly abate graffiti within the City limits.
[Ord. No. 3521 §6, 12-14-2006]
The following words, terms and phrases, when used in this Article, shall have the meanings respectively ascribed to them in this Section:
GRAFFITI
Any word, phrase, motto, name, symbol, design, writing, marking or picture in public view that is written, scribbled, painted, drawn, etched, scratched or otherwise marked directly onto any exterior surface of a house, building, other structure, driveway, sidewalk, fence, rock, wall, bridge, tree or any other public or private property, whether real or personal property; provided that graffiti shall not include any sign or sign content lawfully existing pursuant to the City's adopted sign regulations.
PRIVATE CONTRACTOR
Any company or person with whom the City has contracted to remove graffiti.
[Ord. No. 3521 §6, 12-14-2006]
Graffiti is hereby declared to be a nuisance requiring abatement by removal from both public and private property under the procedures set forth in this Article.
[Ord. No. 3521 §6, 12-14-2006]
A. 
Whenever the Chief of Police or the City Administrator determines that graffiti exists within City limits, the Chief of Police or City Administrator shall cause a written notice to be issued to the property owner to abate such nuisance within ten (10) business days of such determination. The property owner shall have ten (10) business days after the date of such notice to remove the graffiti.
B. 
The notice shall be served upon the owner(s) of the affected property, as such owner's name and address appears on the last property tax assessment rolls of the City.
C. 
The notice may be served as follows:
1. 
By personal service on the owner, occupant or person in charge or control of the property; or
2. 
By registered or certified mail, receipt requested, addressed to the owner at the owner's last known property address. If the owner's address is unknown, the notice shall be sent or posted in care of the property address.
D. 
The notice shall be substantially in the following form:
"[DATE]
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property located at ________________________________, Ste. Genevieve, Missouri, which is visible to public view, within ten (10) business days after the date of this notice. If the graffiti is not removed or painted over within this time, City employees or private contractors hired by the City will enter upon your property and abate this nuisance by removing or painting over the graffiti. The cost of the abatement by the City or its private contractors shall be assessed upon your property. Such costs, if not paid within ten (10) business days of the abatement, shall constitute a lien upon the property or upon the land on which the property containing the graffiti is located until paid."
[Ord. No. 3521 §6, 12-14-2006]
Upon failure of the property owner to comply with the notice by the designated date, the City shall cause the abatement of the graffiti by City employees or by a private contractor. The City employees or the private contractor are each expressly authorized to enter upon the premises for such purposes. City employees or the private contractor shall take all reasonable efforts to minimize damage from such entry. If City employees perform the abatement, such employees shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.
[Ord. No. 3521 §6, 12-14-2006]
At reasonable times, the Chief of Police or a duly authorized representative of either the Chief of Police or the City Administrator may lawfully enter onto private property to inspect or to ascertain the existence of graffiti. If any person refuses to allow entry onto private property, the Chief of Police or the City Clerk may obtain an administrative search warrant from the Municipal Court in accordance with the provisions of this Code and shall proceed in accordance therewith.
[Ord. No. 3521 §6, 12-14-2006]
Should the City or its private contractor abate the nuisance, the cost of abating the nuisance under this Article shall be assessed and levied on each lot on which the nuisance was abated.