In this article:
Aerosol paint.
An aerosolized paint product, including, but not limited to, a clear or pigmented lacquer or finish.
City.
The City of River Oaks including its authorized officials and/or employees.
Graffiti.
An unauthorized inscription, work, signature, symbol, design, or other marking which is etched, engraved, written, painted, drawn, or applied in any other way to a structure, building, or property.
Indelible marker.
A device that makes a mark with a paint or ink product that is specially formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
Minor.
A person younger than 17 years of age.
Owner.
A person who owns or is in control of property.
Placard.
A notice installed on property, like a small card or plaque.
(Ordinance 825-09 adopted 9/8/09)
(a) 
Offense.
A minor commits an offense if the minor possesses aerosol paint, or an indelible marker.
(b) 
Defenses.
It is a defense to prosecution under subsection (a) that the minor possessed the aerosol paint or indelible marker while the minor was:
(1) 
Accompanied or supervised by a parent or guardian;
(2) 
Accompanied or supervised by a teacher in connection with a school project;
(3) 
Supervised during the minor’s regular employment;
(4) 
On the property on which the minor lives;
(5) 
Engaged in an organized event sponsored or supervised by the city, a school, a church or other officially recognized organization; or
(6) 
Traveling to or from the events described in subsection (5) with an indelible marker.
(Ordinance 825-09 adopted 9/8/09)
A person commits an offense if the person places graffiti on property.
(Ordinance 825-09 adopted 9/8/09)
(a) 
Except as otherwise provided for in this article the city may require the owner of property within the jurisdiction to remove graffiti from the owner’s property on receipt of notice from the city.
(b) 
The city may not give notice to a property owner 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.
(c) 
It is required that the property owner removes the graffiti on or before the 15th day after the date the property owner receives notice under subsection (a).
(d) 
If the property owner fails to remove the graffiti on or before the 15th day after the date of receipt of the notice, the city may remove the graffiti and charge the expenses of removal incurred by the city.
(e) 
Liability for work.
The city shall not be responsible for the color or quality of the paint or any damages done to the owner’s property while abating the nuisance on the property.
(Ordinance 825-09 adopted 9/8/09)
(a) 
Notice under this article must be given:
(1) 
Personally to the owner in writing;
(2) 
By letter sent by certified mail, addressed to the property owner’s address according to Tarrant Appraisal District’s records.
(b) 
If service cannot be obtained under subsection (a)(1) or (2) above; notice must be:
(1) 
By publication at least once in the newspaper of general circulation within the county;
(2) 
By posting the notice on or near the front door of each building on the property to which the notice relates; or
(3) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.
(c) 
Contents of notice.
The notice shall contain:
(1) 
The name and address of the record owner;
(2) 
An identification, which is not required to be a legal description, of the property upon which the violation is located;
(3) 
A statement describing the violation and the work necessary to correct the violation;
(4) 
A statement advising the owner that the owner has been given the opportunity to have the graffiti removed by the city free of charge and the owner has refused;
(5) 
A statement that if the work is not completed on or before the 15th day from the date of the notice, the city will complete the work and assess the cost of the work to the owner;
(6) 
A statement that if the city performs the work and the owner fails to pay the expense within 30 days after the first day of the month following the month in which the work was done, the director of public works or his designee shall obtain a lien against the property by filing with the county clerk a notice of lien and statement of expenses incurred;
(7) 
A statement that the city shall not be responsible for the color or quality of the paint or any damages done to the owner’s property while abating the nuisance on the property.
(Ordinance 825-09 adopted 9/8/09)
If, within five calendar days after receiving notice, the property owner files a written request with the director of public works or his designee according to section 8.05.005, the director of public works or his designee shall hold an informal hearing. Unless the owner requests and is granted an immediate hearing and waives the right to notice, notice of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the owner may provide evidence or testimony that a violation does not exist and abatement is not warranted. After the hearing, the director of public works or his designee may determine whether a violation requiring abatement exists. Failure of the property owner to timely request a hearing or to appear at a hearing constitutes a waiver of any right to challenge the abatement of the violation.
(Ordinance 825-09 adopted 9/8/09)
The city may assess expenses incurred by the city for the abatement of graffiti pursuant to section 8.05.004 against the real property on which the work was done. To obtain a lien against the property, the city shall file with the county clerk a statement of expenses and a copy of the notice that the city provided to the owner. The lien is security for the expenditures made and interest accruing at the rate of 10 percent per annum on the amount due from the date of payment by the city. The lien is subordinate to any previously recorded lien; and 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. 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.
(Ordinance 825-09 adopted 9/8/09)
There is an exception to 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 graffiti would create a hazard for the person performing the removal.
(Ordinance 825-09 adopted 9/8/09)
Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense unless otherwise stated in state law.
(Ordinance 825-09 adopted 9/8/09)