(a) 
Definitions.
Director.
The employee designated by the city administrator to enforce and administer this article or the employee authorized representative.
Graffito or Graffiti.
Any marking, including but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure, that is made in any manner on public or private tangible property visible to the public. This does not include any of the foregoing being used for commercial advertising purposes or that is placed on any property in compliance with applicable city ordinance, state or federal.
Minor.
Any person less than 17 years of age.
Owner.
The owner of record or person contractually responsible for the property.
Parent.
A person who is the natural or adoptive parent of any person. As used herein, parent shall also include a court-appointed guardian or other person 21 years of age or older, authorized by the parent, by a court order or by the court appointed guardian to have the care and custody of a person.
(b) 
A parent of a minor commits an offense if the parent knowingly permits, or by insufficient control allows, the minor to create graffiti on public or private tangible property.
(c) 
An offense under this subsection shall be a class C misdemeanor, to be fined not less than $1.00 and not more than $2,000.00 for such offense. Each day a violation occurs or continues shall be a separate offense.
(d) 
Upon notice provided by the city via certified mail, the owner of property within the city shall remove graffiti from the owner’s property.
(e) 
The city may not give notice to a property owner under subsection (d) 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.
(f) 
A property owner must remove the graffiti on or before the 15th day after the date the property owner receives notice under subsection (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 to the property.
(g) 
The notice required by subsection (d) 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 county appraisal district; or
(3) 
If service cannot be obtained under subsection (1) or (2) above:
(A) 
By publication at least once in a newspaper of general circulation in the county;
(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.
(h) 
The city may assess expenses incurred under subsection (f) against the property on which the work is performed to remove the graffiti.
(i) 
To obtain a lien against the property for expenses incurred under subsection (f), the governing body of the county or municipality must 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 (f).
(j) 
A lien described by subsection (i) 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 (i).
(k) 
An exception from the requirement that an owner of property remove graffiti from the owner’s property shall exist 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.
(l) 
The director will implement a system that will remove graffiti from city property within thirty (30) days after notice of its existence.
(m) 
The director will develop a comprehensive graffiti abatement program that will include but not be limited to the following:
(1) 
Development and coordination of governmental and volunteer programs to abate graffiti.
(2) 
Dissemination of public information where citizens may obtain free graffiti abatement materials.
(3) 
Provisions of a reward program for graffiti abatement efforts.
(4) 
Cooperation with the county juvenile court, the community supervision and correction department and the county sheriffs office concerning the possible use of juvenile and adult offenders to paint over and remove graffiti.
(5) 
Recommendation to the council of any state legislative initiatives that will ensure and enhance the effectiveness of this article in the control of graffiti in the city.
(6) 
Development of a method whereby the owner may give the director authority for an extended period of time to enter onto his or her property to remove graffiti.
(7) 
Development with the police department of a procedure to collect evidence to determine the amount of pecuniary loss incurred by the owner when an offender is charged with placing graffiti under Section 28.03 of the Texas Penal Code.
(Ordinance 2010-06-02 adopted 6/28/10)