The governing body of the City finds and declares that the proliferation of graffiti adversely affects the aesthetic beauty and environmental quality of the community and undermines property values. It is the purpose and intent of these regulations to eliminate graffiti within the City.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
GRAFFITI
Any unauthorized drawing or inscription visible from any public right-of-way placed on the surface of any building, structure or location.
PERSON
A natural person, association, corporation, LLC, partnership or other legal entity.
A. 
It shall be unlawful for any person to place graffiti upon any private or public building, structure or location.
B. 
Where graffiti exists on any property visible to any extent from the public right of way, the property owner shall be responsible for having the graffiti removed or painted over within 48 hours of the graffiti being placed on the property. If the graffiti is not visible from the public right-of-way, the owner shall be responsible for having the graffiti removed or painted over with 20 days of the graffiti being placed on the property.
C. 
If a property is vacant and is the subject of foreclosure proceedings, the mortgagee shall be responsible for having the graffiti removed or painted over within the time periods set forth in § 11-99B above.
A. 
Penalties.
(1) 
Any person who shall violate Subsection A of § 11-99 of this chapter by placing graffiti upon any private or public building, structure or location shall be fined not less than $200 nor more than $1,000 for each offense. Additionally or alternatively, the Municipal Court Judge may impose a period of community service not exceeding 90 days. Any person convicted of placing graffiti upon any property shall, in addition to the penalties referred to herein, be responsible for providing restitution to the property owner for the cost of removing or painting over the graffiti.
(2) 
For second and subsequent offenses the court shall impose a fine of not less than $500 nor exceeding $1,000 and impose a fine of up to $250 for each day of continuing violation. Additionally, the court may impose imprisonment in the county jail for not more than 90 days or a period of community service not exceeding 90 days, or any combination thereof.
B. 
Where graffiti exists on any private or commercially owned property, and the property owner or responsible person shall fail to remove it or paint over it within the time periods set forth in § 11-99B above, said owner or responsible person shall be subject to a fine of no less than $200 nor more than $1,000. For second and subsequent offenses, the court shall impose a fine of not less than $500 nor exceeding $1,000 and impose a fine of up to $250 for each day of continuing violation. Additionally, the court may impose a period of community service not exceeding 90 days.
C. 
If the owner of any privately or commercially owned property, after notice, shall fail to have graffiti removed from that property or painted over within the time period set forth in § 11-99B above, the City may but shall not be required to remove same. The Construction Official may file a notice of lien against the property for all costs incurred together with an administrative fee of $250 by certifying same to the City Clerk and to the Municipal Tax Collector, who shall record the certification. The governing body of the municipality may adopt a resolution affirming the assessment of the lien against the subject property and, if adopted, the City shall file a copy of the resolution with the Municipal Tax Collector who shall record it and collect the moneys owed in the same manner as property taxes are assessed and collected.