A. "Director" "Graffiti" "Minor" "Owner" "Parent"
Definitions.
means the director of the department of inspections.
means 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 any applicable city ordinance, state or federal law.
means any person under eighteen (18) years of age.
means the owner of record or the person contractually responsible for the property.
means 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 authorized by the parent or by a court-appointed guardian to have the care and custody of a person.
B.
An owner of any tangible property in the city commits an offense if the owner fails to paint over or remove all graffiti from the property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists.
C.
A parent of a minor commits an offense if the parent knowingly permits the minor to create graffiti.
D.
Any other person commits an offense under this section if he or she creates graffiti.
E.
Before the filing of a complaint for a violation under subsection (B) of this section, the director shall serve the property owner with written notice to remove the graffiti from the property within fifteen (15) days from the date the notice is served. The notice may be served by personal service to the property owner or by United States certified mail, return receipt requested, addressed to the property owner's address as shown on the tax rolls. If the owner cannot be found or the notice is returned by the United States postal service as undeliverable, then the owner may be notified by:
1.
Publication two times within ten (10) consecutive days in a newspaper of general circulation in the city; or
2.
Posting the notice on or near the front door of each building on the premises to which the violation relates.
3.
The fifteen (15) days will be counted from the date the notice is personally served on the owner, from the day after the notice is placed in the United States certified mail or the day after one of the alternative methods of notice contained in subsections (E)(1) and (2) of this section is completed.
G.
It is a defense to prosecution under subsection (B) of this section if:
2.
The property owner, after notice, has removed graffiti from the property three or more times within the preceding twelve (12) months;
3.
Before filing a complaint under this section, the director was given written authorization by the property owner to allow persons to enter onto the property and paint over or remove the graffiti pursuant to a program approved by the director at no cost to the owner;
4.
A good faith effort was made to remove the graffiti to include, but not be limited to, the procuring of insurance; or
5.
The graffiti was placed with consent and approval of the owner and the director. The director's decision not to approve may be appealed by the owner to the housing board of review.
H.
In the event correction is not made within the time prescribed in the notice of violation provided for in subsection (E) of this section, the director or city solicitor shall cause an appropriate complaint to be brought before the municipal court of the city.
I.
An offense under this section is punishable by a fine not to exceed five hundred dollars ($500.00).
(Prior code § 14-75)