In this article:
Aerosol paint
means an aerosolized paint product, including, but not limited to, a clear or pigmented lacquer or finish.
Graffiti
means an unauthorized inscription, work, signature, symbol, design, or other marking which is etched, engravement, written, painted, drawn, or applied in any other way to a structure, building, or property.
Indelible marker
means 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
means a person younger than 17 years of age.
Owner
means a person who owns or is in control of property.
Unauthorized
means without the permission of the owner of property.
(Ordinance 2884, § 1, adopted 5/22/2006)
(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 2884, § 1, adopted 5/22/2006)
If graffiti is located on private property and is visible from other private or public property, the city manager or designee may contact the owner of property upon which the graffiti has been placed, require that the graffiti be removed within 15 days of receipt of such notice, and offer to remove the graffiti at no cost to the property owner if such offer is accepted within a stated time. Date of receipt of notice shall be presumed to be the third day after the notice is given by any of the methods provided by section 50-44. The owner of property within the city must remove the graffiti from the owner's property on receipt of notice from the city manager or designee. If the property owner fails to remove the graffiti and fails to accept the offer to remove the graffiti within the time provided by such notice, the owner will be deemed to have committed an offense. Failure to accept such offer within the time provided shall be deemed a refusal of such offer.
(Ordinance 2884, § 1, adopted 5/22/2006; Ordinance 3080, § 1, adopted 11/9/2009)
(a) 
If the property owner refuses the offer described in section 50-43, and fails to remove the graffiti on or before the 15th day after receipt of such notice, the city manager or designee may remove the graffiti and charge the expenses of removal to the property owner in accordance with the city's fee schedule.
(b) 
The notice required by section 50-43 must be given:
(1) 
Personally to the owner in writing; or
(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 (1) or (2):
a. 
By publication at least once in a newspaper of general circulation in the city;
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.
(c) 
The expenses incurred under subsection (a) may be assessed against the property on which the work is performed to remove the graffiti.
(d) 
To obtain a lien against the property for expenses incurred under subsection (a), a statement of expenses shall be filed 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 (a).
(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).
(f) 
It shall be an exception from the requirement that an owner 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.
(Ordinance 2884, § 1, adopted 5/22/2006; Ordinance 3080, § 1, adopted 11/9/2009)
If within five calendar days after receiving notice, the property owner files a written request with the city secretary according to subsection 50-44(d)(6), the director of code enforcement 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 code enforcement 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 2884, § 1, adopted 5/22/2006)
The city may assess expenses incurred by the city for the abatement of graffiti pursuant to section 50-44 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 of Tarrant County 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 ten percent per annum on the amount due from the date of payment by the city. The lien is inferior only to tax liens and liens for street improvements.
(Ordinance 2884, § 1, adopted 5/22/2006)
If an owner is in need of assistance in removing graffiti from the owner's property, the owner may submit a written request for assistance and a signed "Hold Harmless Agreement" to the police chief or his designee within five calendar days after receiving notice.
(Ordinance 2884, § 1, adopted 5/22/2006)
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 not more than $500.00 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 2884, § 4, adopted 5/22/2006)