[HISTORY: Adopted by the City Council of the City of Hazleton 8-15-2012 by Ord. No. 2012-22. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
GRAFFITI
Any unlawful inscription, word, figure, painting, or other defacement that is written, marked, scratched, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti instrument to the extent that graffiti was not authorized in advance by the owner or the occupant of the property, or despite advanced authorization, deemed a public nuisance.
It shall be unlawful for any person, after proper notification by the City of Hazleton, to allow graffiti to remain to/upon any natural or man-made surface of any public or private property.
Whenever it has been determined that graffiti exists on any building or structure within the City, public or private, the City or its agent shall notify the owner of the property and request a determination as to which following course of action the owner will take to have it promptly removed:
A. 
The owner pays to have the graffiti removed at his/her own expense and in accordance with his/her own exacting standards.
(1) 
Every attempt shall be made to have the graffiti removed as quickly as possible.
B. 
The owner requests to have the City remove the graffiti.
(1) 
The City shall make every attempt to use volunteer or community service personnel, and donated paint and/or materials. Should any expense be incurred, a bill for the total cost (equipment, supplies, and manpower) shall be provided to the property owner and submitted to their insurance. Any reimbursement from the insurance carrier shall be given to the City by the owner as payment for expenses incurred. At no time shall the owner have to reimburse the City more than the amount returned by the insurance carrier.
(2) 
Should the property owner opt to have the City of Hazleton remove the graffiti, the City shall place the property on a list for rapid removal. The property owner shall sign a Release and Hold Harmless Agreement releasing the City from all liability for things such as mismatched paint or workmanship not up to the standard of the property owner.
A. 
The City shall make every attempt at working with the public to have graffiti removed and minimize expenses. However, the rapid removal of graffiti is crucial to a successful maintenance of the quality of life.
B. 
If an owner is notified by the City of graffiti and the owner selects to remove the graffiti themselves, the graffiti shall be removed within 30 days of notice. If the graffiti is not removed, that owner shall be in violation of § 228-2 of this chapter and shall be subject to a $50 fine issued by the Hazleton City Police for the first offense. After the issuance of a first offense citation, each ten-day period shall constitute a separate and subsequent offense and each offense shall be subject to a separate violation. Second offenses shall be $100, and third and subsequent offenses shall be $200 each.
C. 
Failure to pay the fine within 10 days shall subject the violator to arrest by the Hazleton City Police or any other lawful law enforcement officer, shall be prosecuted in proceedings before the Magisterial District Judge in the City of Hazleton, and, upon conviction thereof, shall be deemed guilty of an offense and shall be subject to the penalties set forth on Chapter 1, Article II, Violation of Penalties, of the City Code.