The presence of graffiti on any private property that can be
viewed or seen from any public property, public right-of-way, or any
other private property; on any public property; or any public right-of-way
within the city shall be deemed a public nuisance, and it shall be
unlawful for any person to cause or maintain any such public nuisance.
Proof of requirement of a culpable mental state is not required in
the prosecution of an offense under this section.
(1990 Code, sec. 5.2201)
Whenever any such public nuisance exists on private property
within the city in violation of this article, the chief of police,
or the chief’s designee, shall notify the owner and the occupant
of the private premises whereupon such public nuisance exists to remove
or abate the same. Such notice shall be in writing, shall state the
nature of the public nuisance and shall state that it must be removed
or abated within ten (10) days, and shall further state that a request
for hearing must be made before the expiration and said ten-day period.
Such notice may be delivered by personal delivery to the owner or
occupant or by certified mail, return receipt requested, with a five-day
return requested. If the notice cannot be personally delivered or
is returned undelivered by the United States post office, said notice
must be delivered by publication at least once, by posting the notice
on or near the front door of each building on the property to which
the violation relates, or by posting the notice on a placard attached
to a stake driven into the ground on the property to which the violation
relates.
(1990 Code, sec. 5.2202; Ordinance
adopting Code)
If, after such notice, either in person, by letter, or by posting,
such owner fails and refuses to abate such condition within ten (10)
days after such notice is complete, then the city may do such work
or may cause the same to be done and may pay therefor and charge the
expense incurred in doing or having such work done or improvements
made to the owner of the property, the expense thereof to be assessed
on the real estate or lot or lots upon which such expense is incurred.
In such event the mayor or city secretary shall immediately file with
the county clerk a statement in writing showing the expenditure made,
the owner of the property, and the legal description of the property
upon which such expenditure was made, and the city shall thereafter
have a privileged lien thereon, second only to tax liens and liens
for street improvements to secure the expenditure so made and ten-percent
interest on the amount from the date of such payment. For any such
expenditures and interest, as aforesaid, suit may be instituted and
foreclosure had in the name of the city; and the statement so made,
as aforesaid, or certified copy thereof, shall be prima facie proof
of the amount expended in any such work or improvement.
(1990 Code, sec. 5.2203)
Within the ten-day period after receipt of such notice from
the chief of police or the chief’s designee to abate any such
nuisance, such owner or occupant may request of the clerk of the municipal
court, either in person or in writing, that a date and time be set
when such owner may appear before the judge of the municipal court
for a public hearing to determine whether or not such owner or occupant
is in violation of any of the provisions of this article. Upon receiving
such a request for public hearing the clerk of the municipal court
shall call said request to the attention of the municipal judge, who
shall set a date and time for such public hearing on the docket of
said court, and shall cause such owner or occupant to be notified
of such setting.
(1990 Code, sec. 5.2204)
(a)
The judge of the municipal court shall conduct such public hearing
as set out herein and shall determine whether such owner or occupant
is, in fact, in violation of any provision of this article. Upon a
finding that such owner or occupant is in violation of any provision
of this article, the judge shall order such owner or occupant to abate
said nuisance within ten (10) days from the date of such order.
(b)
If any such owner or occupant shall fail or refuse to abate said nuisance with said ten-day period, the judge may issue an order directing the director of public works to have the same abated, and the director of public works or the director’s designee shall abate the nuisance. Upon abatement by the city, the appropriate official shall take action to recover the costs of such abatement as set forth in section 14.06.003 above.
(1990 Code, sec. 5.2205)
If the owner or occupant of the private property upon which the nuisance is located does not request a public hearing within ten (10) days of receipt of notice to remove or abate such public nuisance, the city attorney shall cause to be prepared, filed in the municipal court and served upon the defendant named therein a written complaint charging such owner or occupant of any such premises, as the case may be, with the violation of maintaining a public nuisance contrary to the provisions of this article. Upon a finding that any such defendant is guilty of maintaining a public nuisance as set forth in this article, such person shall be deemed guilty of a misdemeanor and shall be punished by a fine as provided for in section 1.01.009 of this code, and each day and every day that such public nuisance is maintained shall constitute a separate and distinct offense. Subsequent to determination of guilt, the judge of the municipal court shall order removal and abatement of such public nuisance consistent with the provisions of section 14.06.005 hereof.
(1990 Code, sec. 5.2206)
It is an affirmative defense to prosecution under this article
that the graffiti was placed on the property by the owner or occupant
of the property or by a person with consent from the owner or occupant.
(1990 Code, sec. 5.2207)
Whenever any such public nuisance exists on public property
or a public right-of-way, the chief of police or the chief’s
designee shall notify the director of public works of the existence
of the public nuisance. The director of public works or the director’s
designee shall take prompt action to abate the public nuisance.
(1990 Code, sec. 5.2208)
