The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any form of marking, painting, scratching or writing
including, but not limited to, any inscription, initial, slogan, drawing,
symbol, logo, name, character or figure, regardless of the content
or the nature of the material used or method employed, that is made
in any manner to or on any wall, fence, sign, building or other structure.
means any person with the legal right of possession to property.
(1991 Code, sec. 20-141; Ordinance 94-481, sec. 2, adopted 9/15/94; 2007 Code, sec. 16-114)
It is hereby declared that permitting the presence of graffiti
on any wall, fence, sign, building or other structure, when such graffiti
is visible from a public or private street, public sidewalk or other
public property or when visible from any private property other than
the property upon which such graffiti is present, constitutes a public
nuisance; provided, however, that the foregoing shall not apply to
any marking, painting, scratching or writing placed or inscribed pursuant
to governmental authority.
(1991 Code, sec. 20-142; Ordinance 94-481, sec. 2, adopted 9/15/94; 2007 Code, sec. 16-115)
(a)
Whenever a nuisance described in this article exists upon any lot, tract, or parcel of land within the city, and same shall come to the attention of the director of public works, it shall be the duty of the director to forthwith cause notice of the existence of same to be sent to the owner of such lot, tract, or parcel in the manner described in V.T.C.A., Health and Safety Code section 342.006; provided that the time provided in the notice for abatement of the nuisance shall be not less than 30 days, and such notice shall further state that the owner is entitled to request a hearing to be held in the manner described in subsection (b) of this section.
(b)
If
a hearing is requested by the owner of a lot, tract or parcel of land
subject to abatement under this article within ten days of the giving
of the required notice, a hearing shall be held by the city manager
or the city manager’s designee for the purpose of determining
whether the conditions constitute a nuisance under the provisions
of this article. The owner shall be provided written notice of the
time and place of the hearing at least ten days prior thereto and,
in accordance with reasonable rules adopted by the city manager, the
owner and director of public works may present any evidence relevant
to the proceedings. If conditions constituting a nuisance hereunder
are found to exist, the city manager shall issue an order so stating.
If a hearing is not timely requested, or if it is determined at a
hearing that the condition of the property constitutes a nuisance
under this article, then the city shall be authorized to carry out
the abatement thereof and to assess its expenses and place a lien
against the property in the manner provided in V.T.C.A., Health and
Safety Code section 342.007.
(1991 Code, sec. 20-143; Ordinance 94-481, sec. 2, adopted 9/15/94; 2007 Code, sec. 16-116)
In addition to the remedies prescribed by this article, and
cumulative thereof, if it shall be brought to the attention of the
director of public works that any nuisance is likely to have an immediate
adverse affect upon public health, comfort or safety, then and in
that event the director of public works, with the concurrence of the
city manager or his designee, may order such nuisance summarily abated
by the city in a reasonably prudent manner.
(1991 Code, sec. 20-144; Ordinance 94-481, sec. 2, adopted 9/15/94; 2007 Code, sec. 16-117)
