[1]
Editor's note—Former § 57-3, which derived from Ordinance 6632, adopted 6/8/1995, was repealed 9/25/1997 by Ordinance 7126, as newly enacted Senate Bill 758 makes applying graffiti a higher class of crime than a Class C misdemeanor.
An owner of any tangible property in the city commits an offense if the owner fails to remove all graffiti from the owner's property after the director notifies the owner that graffiti is present on the property.
(1)
Before issuing a citation for a violation under section 57-4 of this section, the director shall serve the property owner with written notice to remove the graffiti from the property within ten (10) calendar days from the date the notice is served. The notice shall state that the director has determined that the property has graffiti in violation of this chapter; that the owner may remove the graffiti or authorize the director to remove the graffiti by written consent and a written waiver of liability; that if the director has not received consent from the owner within ten (10) days from the date of the notice, the owner may initiate a graffiti abatement hearing; and that if the owner fails to take one of these actions within ten (10) days, the property shall be subject to abatement of the graffiti by the director without further notice, and cost of the graffiti removal shall be levied against the property. The notice may be served by handing it to the owner in person or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner's post office address as shown on the tax rolls of the city or of Dallas County. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by:
a.
Publication one time in the official newspaper designated by the city council;
b.
Posting the notice on or near the front door of each building on the premises to which the violation relates; or
c.
Posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates if the premises contains no buildings.
(2)
The ten (10) calendar days will be counted:
a.
From the date the notice is personally served on the owner or from the sixth day after the notice is placed in the United States certified mail; or
(3)
It is a defense to prosecution under this section if:
(Ordinance 6632, § 1, adopted 6/8/1995)
(a)
The director may remove, at no cost to the property owner, any graffiti the director determines to be in violation of section 57-4 of this chapter upon receiving written consent and a waiver of liability from the owner of the property. The director may prepare and distribute forms for this purpose.
(b)
The owner may, if the owner desires, give advance consent to the director to remove graffiti from the property in the future without the need for the director to obtain the owner's consent prior to each removal. Such prior authorization shall be in writing to the director and shall be signed by the owner. The prior authorization may be revoked by the owner at any time by notifying the director in writing.
(c)
Whenever the director is authorized by this chapter to remove graffiti and uses public funds for the removal and for the repainting and repair of the property from which the graffiti is removed, the director shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, except in the following circumstances:
(1)
The director determines in a written notice to the owner that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community; or
(2)
The owner agrees to pay for the costs of repainting or repairing the more extensive area.
(d)
Where property defaced by graffiti is owned by a public entity other than the city, the director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the structure.
(Ordinance 6632, § 1, adopted 6/8/1995)
(a)
At a hearing requested by the property owner, the owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the director after the hearing shall be final and not appealable. After the hearing, if the director determines that the property contains graffiti, the director may order that the graffiti be abated. If a hearing is not requested, the director may immediately order that the graffiti be abated. Before ordering such abatement, the director shall give written notice ("abatement order") served in accordance with section 57-4(1) that, unless the graffiti is removed within ten (10) calendar days from the date the notice is served, the department of public works shall enter upon the property and cause the removal, painting over or such other eradication of the graffiti as the director determines appropriate.
(b)
The following procedures shall apply to actions by the director to abate and recover costs for abatement of graffiti on private property if the owner does not consent to removal of the graffiti within ten (10) days after the director determines from the hearing and notifies the owner that graffiti has been placed upon property of the owner:
(1)
Abatement action.
Not sooner than the time specified in the abatement order, the director shall implement the abatement order. The director should provide an accounting to the owner of the costs of the abatement action ("abatement accounting") on a full cost recovery basis not later than ten (10) days from the date the abatement action is completed. The abatement accounting shall include all administrative costs incurred by the department of public works in abating graffiti on the property.
(2)
Lien.
If all or any portion of the amount set forth in the abatement accounting remains unpaid after thirty (30) days of the mailing of the abatement accounting, such portion shall constitute a lien on the property which was the subject matter of the abatement action.
(Ordinance 6632, § 1, adopted 6/8/1995)
By adopting this graffiti abatement and removal ordinance, the City of Irving is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Ordinance 6632, § 1, adopted 6/8/1995)