[Ord. 1206-2013, 10-7-2013]
The purpose of this chapter is to provide a procedure for removal of graffiti from surfaces on public or private property in order to reduce blight and deterioration within the incorporated areas of the City and to protect the public health and safety.
[Ord. 1206-2013, 10-7-2013]
A. 
For the purposes stated in Section 8-1001 of this chapter:
GRAFFITI
Any unauthorized inscription, word, figure, picture, or design that is sprayed, marked, posted, pasted or otherwise affixed, drawn, or painted on any surface of public or private property. Graffiti shall not mean a sign as defined in this Code or the ordinances of the City. This chapter shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets used in connection with traditional children's games.
RESPONSIBLE PERSON
Person responsible for causing or maintaining a public nuisance or a violation of this Code or applicable state codes. The term includes, but is not limited to, a property owner, tenant, person with a legal interest in real property or person in possession of real property.
[Ord. 1206-2013, 10-7-2013]
A. 
The council hereby declares that graffiti on public or private property within the City constitutes a public nuisance to the detriment of the City and its inhabitants and visitors.
[Ord. 1206-2013, 10-7-2013]
A. 
To the extent not otherwise provided for by state law, it is unlawful for any person to place graffiti upon any public or private property within the City of Tahlequah.
B. 
It is unlawful for any responsible person to maintain graffiti that has been placed upon any surface within that person's control, possession, or ownership when the graffiti is visible from a public street, property or right of way.
C. 
It is unlawful for any responsible person to allow graffiti to remain for more than 20 days upon any surface within that person's control, possession, or ownership when the graffiti is visible from a public street, property or right of way after being notified by the City that such graffiti exists.
[Ord. 1206-2013, 10-7-2013]
A. 
When graffiti is painted over, the color used to paint over the graffiti shall match the original color of the surface, or the surface shall be completely repainted with a new color which is aesthetically compatible with existing colors and architecture.
B. 
The removal shall not leave shadows and shall not follow the pattern of the graffiti such that letters or similar shapes remain apparent on the surface after graffiti markings have been removed.
C. 
If the area is heavily covered with graffiti, the entire surface is to be repainted.
D. 
Graffiti shall be removed or covered completely in a manner that renders it inconspicuous to the satisfaction of the code enforcement officer.
[Ord. 1206-2013, 10-7-2013]
A. 
The code enforcement officer may cause property within the municipal limits to be cleaned of graffiti in accordance with the following procedure:
1. 
At least 10 days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the county Treasurer's office before the code enforcement officer takes action. The notice shall order the property owner to abate the "graffiti" as defined in Section 8-1002 of this chapter, and the notice shall further state that unless such work is performed within 10 days of the date of the notice the work shall be done by the City of Tahlequah and a notice of lien shall be filed with the county Clerk against the property for the costs due and owing the City of Tahlequah. Employees or agents of the City are granted the right of entry on the property for the abatement of graffiti and performance of the necessary duties as a governmental function of the City of Tahlequah.
2. 
At the time of mailing of notice to the property owner, the code enforcement officer shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
3. 
If the property owner cannot be located within 10 days from the date of mailing by the code enforcement officer, notice may be given by posting a copy of the notice on the property or by publication in a legal newspaper of general circulation in the City, maintaining an office in the City, one time not less than 10 days prior to any action by the code enforcement officer.
[Ord. 1206-2013, 10-7-2013]
The owner of the property and the code enforcement officer may agree to an abatement plan within 10 days from the date of the code enforcement officer's notice. Such abatement plan shall be in writing, signed and dated by the owner of the property and the code enforcement officer. Should any owner fail to comply with an abatement plan the City of Tahlequah shall have the right to abate the property without further notice to the owner. Employees or agents of the City shall have right of entry to abate the property.
[Ord. 1206-2013, 10-7-2013]
The owner of the property may give written consent to the City authorizing the abatement of graffiti. By giving written consent, the owner waives the owner's right to a hearing by the abatement board and appeal to the City council.
[Ord. 1206-2013, 10-7-2013]
A. 
Any property owner aggrieved by any notice or order of the code enforcement officer may request a hearing by the abatement board. Such hearing request shall be taken within 10 days from the date of the administrative officer's notice by filing with the City Clerk a written request for hearing specifying the grounds thereof, and by paying a filing fee of $25 at the office of the City Clerk at the time the request is filed. Failure to request a hearing within the ten-day period will act as a waiver of the property owner's right to a hearing by the abatement board and appeal to the City council, and may result in the City of Tahlequah abating the property.
B. 
A request for hearing stays all further actions by the code enforcement officer.
C. 
The abatement board shall hear the matter and receive information thereon, including anything, which may be presented by the owner of the premises, personally or by agent or attorney. The abatement board may affirm, reverse or modify the notice or order of the code enforcement officer.
D. 
If the abatement board determines that the condition specified in Section 8-1004 of this chapter exists upon such premises, it shall order the property to be cleaned of any graffiti necessary to abate the condition found to exist.
E. 
Upon a finding that the condition of the property constitutes a detriment or hazard, and that the property would be benefited by the removal of such conditions, the employees or agents of the City of Tahlequah are granted the right of entry on the property for the abatement of graffiti and performance of the necessary duties as a governmental function of the City of Tahlequah. Immediately following the removal or coverage of the offending graffiti, the City Clerk shall file a notice of lien with the county Clerk describing the property and the work performed by the municipality, and stating that the City of Tahlequah claims a lien on the property for the cleaning, removal, or coverage costs.
[Ord. 1206-2013, 10-7-2013]
A. 
The property owner or any citizen of the City, or any officer, department, board or bureau of the City, aggrieved by any order of the abatement board shall have a right to appeal such order to the City council. Such appeal shall be taken by filing written notice of appeal with the City Clerk within 10 days after the abatement board order is rendered. The City council may affirm, reverse or modify the order of the abatement board.
B. 
After the hearing and appeal time has expired or the City council has entered its order, the work ordered to be performed under Section 8-1005 or 8-1007 of this chapter may be done by the employees of this City, or it may be let by contract to the lowest and best bidder, after appropriate notice, in the manner for letting other contracts by public bid.
[Ord. 1206-2013, 10-7-2013]
Immediately following the abatement of the graffiti on the property, the City Clerk shall file a notice of lien with the county Clerk describing the property and the work performed by the City and stating that the City claims a lien on the property for the cleaning costs. The City Clerk shall also forward by mail to the property owner a statement of the actual cost and demanding payments. If payment is not made within 30 days of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the county Treasurer of the county in which the property is located and the same shall be levied on the property and collected by the county Treasurer as other taxes authorized by law.
[Ord. 1206-2013, 10-7-2013]
The service of all notices prescribed by this chapter shall be evidenced as provided in Section 8-1006 of this chapter or by personal service evidenced by the return of the officer making such service certified in his official capacity, and all evidence of service shall be filed in the office of the City Clerk.
[Ord. 1206-2013, 10-7-2013]
The code enforcement officer shall enforce this chapter and shall have the authority to issue citations to any person, firm, or corporation, which violates, in any manner, this chapter.
[Ord. 1206-2013, 10-7-2013]
A. 
Property abated by the City of Tahlequah shall have an administrative fee of $100 charged and assessed against the owner.
B. 
Fees in this section shall be in addition to all costs incurred for abatement of property.
[Ord. 1206-2013, 10-7-2013]
A. 
Any person, firm or corporation who is the owner or otherwise in possession or control of property located within the City limits who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punishable by fines as determined by the municipal judge of up to $200. Each day that a violation exists shall constitute another violation.