(Ord. No. B-791-09, § 2, 11-16-2009)
GRAFFITI
The unauthorized application of paint, ink, chalk, dye or other similar substance, or other inscribed or engraved material on public or private structures located on publicly or privately owned real property within the city.
REMOVAL
The elimination of the visible evidence of graffiti through the use of chemical extraction, abrasion techniques, or by using primer, paint and/or stain to obscure the graffiti.
(Ord. No. B-791-09, § 2, 11-16-2009)
The existence of graffiti on public or private property is declared to be an objectionable, unsightly public nuisance and therefore, subject to the removal and abatement provisions specified in this article.
(Ord. No. B-791-09, § 2, 11-16-2009)
A person commits an offense if he knowingly maintains or allows graffiti to remain on public or private structures located on publicly or privately owned real property within the city.
(Ord. No. B-791-09, § 2, 11-16-2009)
(a) 
The city may not give notice to property owner under section 54-122, unless:
(1) 
The city has offered to remove the graffiti from the owner's property free of charge; and
(2) 
The property owner has refused the offer.
(b) 
The city will notify the property owner in writing that the city will remove the graffiti from the owner's property free of charge and will request that the owner give written permission for removal and release the city, its contractors, volunteer personnel and city employees from liability in performance of graffiti abatement by completing a permission and release from liability form.
(c) 
The city's offer in writing to the owner to abate the graffiti free of charge must be given:
(1) 
Personally to the owner in writing;
(2) 
By letter addressed to the property owner at the property owner's last known address as contained in the records of the appraisal district in which the property is located; or
(3) 
If service cannot be obtained under subsections (c)(1) or (2):
a. 
By publication at least once in a newspaper of general circulation in the county or municipality;
b. 
By posting the notice on or near the front door of each building on the property to which the notice relates; or
c. 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(4) 
Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered.
(5) 
Notice will be deemed to have been received:
a. 
For personal service, as of the date the notice was given personally to the owner;
b. 
For mailed notice, three days after date of postmark;
c. 
For notice by publication, on the date that the last notice was published in the official newspaper; or
d. 
For notice by posting, five days after the notice was posted.
(6) 
If an owner does not contact the city to accept an offer by the end of the fifth day after an offer from the city to remove the graffiti from the owner's property free of charge is deemed received, or if an owner refuses to sign a written permission for removal and release within such time, it shall be considered a refusal of the offer.
(Ord. No. B-791-09, § 2, 11-16-2009)
(a) 
Notice to owner.
The city must notify the property owner of a violation of this article and must give the owner the opportunity to remove the graffiti.
(b) 
The notice required by subsection (a) must be given:
(1) 
Personally to the owner in writing;
(2) 
By letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or
(3) 
If service cannot be obtained under subsections (b)(1) or (2):
a. 
By publication at least once in a newspaper of general circulation in the county or municipality;
b. 
By posting the notice on or near the front door of each building on the property to which the notice relates; or
c. 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(4) 
Any notice that is mailed to a property owner in accordance with this article, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered.
(5) 
Notice will be deemed to have been received:
a. 
For personal service, as of the date the notice was given personally to the owner;
b. 
For mailed notice, three days after date of postmark;
c. 
For notice by publication, on the date that the last notice was published in the official newspaper; or
d. 
For notice by posting, 15 days after the notice was posted.
(c) 
Failure of owner to remove.
If the property owner fails to remove the graffiti on or before the 15th day after the date on which the property owner is deemed to have received the notice, the city may:
(1) 
Issue a citation for a violation of this article; or
(2) 
Enter the property and do all work necessary to abate the graffiti and charge the expenses of the abatement to the property owner in accordance with a fee schedule adopted by the city council.
(d) 
Expense of removal to become lien.
To obtain a lien against the property for expenses incurred under subsection (c), the city shall file a statement of expenses with the county clerk. The statement of expenses must contain:
(1) 
The name of the property owner, if known;
(2) 
The legal description of the property; and
(3) 
The amount of expenses incurred under subsection (c).
(e) 
A lien described by subsection (d) attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to:
(1) 
Any previously recorded lien; and
(2) 
The rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by subsection (d).
(Ord. No. B-791-09, § 2, 11-16-2009)
HAZARDOUS LOCATION
It is an exception from the requirement that an owner of property remove graffiti from the owner's property if:
(1) 
The graffiti is located on transportation infrastructure; and
(2) 
The removal of the graffiti would create a hazard for the person performing the removal.