(a)
The
city council hereby finds that graffiti that is visible from a public
place, public right-of-way, or the property of others:
(b)
The
presence of graffiti on property where it is visible from a public
place, public right-of-way or from another person’s property
is therefore declared to be a nuisance.
(Ordinance 412-06, sec. 1, adopted 7/27/06)
(b)
It is an affirmative defense to prosecution under this section that, after receiving notice pursuant to section 8.06.003, and prior to receiving the citation, the person requested the city’s assistance in abating the graffiti, and the city made no offer of free paint and/or labor for the purpose of removing or covering the graffiti.
(Ordinance 412-06, sec. 2, adopted 7/27/06)
(b)
Notice
must be given:
(1)
In writing and delivered to the owner in person;
(2)
By letter addressed to the owner at the owner’s post office
address, and sent certified mail, return receipt requested; or
(3)
If personal service cannot be obtained or the owner’s post
office address is unknown:
(A)
By publication at least twice within ten (10) consecutive days;
(B)
By posting the notice on or near the front door of each building
on the property to which the violation relates; or
(C)
By posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates, if the
property contains no buildings.
(c)
Notice
will be deemed to have been received:
(1)
For personal service, as of the date the notice was given personally
to the owner;
(2)
For mailed notice, three (3) days after it was mailed;
(3)
For notice by publication, on the date that the last notice was published
in the official newspaper; or
(4)
For notice of [by] posting, ten (10) days after notice was posted.
(d)
A citation for a violation of section 8.06.002 may be issued on or after fourteen (14) calendar days from the date notice is deemed received.
(e)
If
the owner does not comply with this article by the fourteenth calendar
day after notice is deemed received, the city may enter the property
and do all work necessary to abate the graffiti.
(f)
If the city does the abatement work pursuant to subsection (e), it shall initially pay for the work done, and shall charge the expenses to the owner of the property.
(g)
A
property owner shall be granted a seven-day extension to complete
the graffiti abatement if the owner notifies the city in writing that
more time is required. The request for an extension must be received
by the city prior to the expiration of the fourteen (14) day period.
(Ordinance 412-06, sec. 3, adopted 7/27/06)
(a)
The city may assess expenses incurred by the city for the abatement of graffiti pursuant to section 8.06.003 against the real property on which the work was done.
(b)
To
obtain a lien against the property, the city must file a statement
of expenses with the county clerk of the county in which the property
is located.
(c)
The
lien is security for the expenditures made and interest accruing at
the rate of ten (10) percent per annum on the amount due from the
date of payment by the city.
(e)
A
lien may not be filed against a real property estate protected by
the homestead provision of the state constitution.
(Ordinance 412-06, sec. 4, adopted 7/27/06)
An offense as defined under this article is a misdemeanor punishable
by a fine not to exceed five hundred dollars ($500.00). Each separate
occurrence of a violation or each day that a violation continues shall
constitute a separate offense.
(Ordinance 412-06, sec. 5, adopted 7/27/06)
Unless otherwise provided, an offense under this article is
a misdemeanor punishable by a fine not to exceed two thousand dollars
($2000.00). Each separate occurrence of a violation or each day that
a violation continues shall constitute a separate offense. If an offense
defined under this article does not include a culpable mental state,
then one is not needed and the offense shall be one of strict liability.
(1)
If
it is shown on trial of an alleged offense under this article that
within three (3) years prior to the alleged offense date the defendant
has been once previously convicted of an offense under this article:
(A)
Except as provided by subsection (B) below, upon conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00).
(B)
If it is also shown on trial of the alleged offense that the defendant
was not a residential occupant of the property involved at the time
of the alleged offense, upon conviction, the defendant shall be fined
not less than one thousand dollars ($1000.00).
(2)
If
it is shown on trial of an alleged offense under this article that
within three (3) years prior to the alleged offense date the defendant
has been previously convicted of two (2) or more offenses under this
article:
(A)
Except as provided by subsection (B) below, upon conviction, the defendant shall be fined not less than five hundred dollars ($500.00).
(B)
If it is also shown on trial of the alleged offense that the defendant
was not a residential occupant of the property involved at the time
of the alleged offense, upon conviction, the defendant shall be fined
not less than two thousand dollars ($2000.00).
(Ordinance 412-06, sec. 6, adopted 7/27/06)
(a)
The
city may invoke sections 54.012–54.017 of the Texas Local Government
Code and petition the state district court or the applicable county
court at law, through the city attorney, for either injunctive relief,
civil penalties, or both injunctive relief and civil penalties, whenever
it appears that a person has violated, or continues to violate, any
provision of this article that relates to:
(1)
The preservation of public safety, relating to the materials or methods
used in construction of any structure or improvement of real property;
(2)
The preservation of public health or the fire safety of a building
or other structure or improvement;
(3)
Dangerously damaged or deteriorated structures or improvements; or
(4)
Conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents.
(b)
Pursuant
to section 54.016 of the Texas Local Government Code, the city may
obtain against the owner or the operator of a facility a temporary
or permanent injunction, as appropriate, that:
(c)
(1)
Pursuant to section 54.017 of the Texas Local Government Code, the city may recover a civil penalty of not more than one thousand dollars ($1000.00) per day for each violation of any provision of this article that relates to any matter specified in subsection (a), if the city proves that:
(2)
The city may also institute suit to recover the cost of any actual
damages incurred by the city, and any costs of response, remediation,
abatement, and restoration incurred by the city as allowed under state
or federal laws, or at common law.
(3)
In determining the amount of civil liability, the court should take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
violation, corrective actions by the violator, the compliance history
of the violator, and any other factors as justice requires.
(Ordinance 412-06, sec. 7, adopted 7/27/06)
