An owner of property subjected to graffiti vandalism
may request, and receive as may be available, the assistance of the
County regarding the removal, painting over or other restoration of
graffiti-damaged property that is visible from the premises open to
the public. Such owner shall first sign a consent to entry and release
of liability form approved by the County Attorney before the County
may commence the graffiti abatement.
Any community organization that provides free graffiti
removal, paint-over or other restoration services within the unincorporated
areas of the County may request and receive supplies from the County
as they may be available, provided that such removal is done with
the consent of the property owner and documentation regarding the
graffiti abatement is subsequently submitted to a Graffiti Abatement
Officer or other County representative charged with the administration
of this chapter.
Any owner of property within the unincorporated area of the County which becomes graffiti nuisance property shall not be subject to criminal prosecution, and shall be subject to those remedies set forth in Article VII.
When the Sheriff or other designated GAO has reasonable
grounds to believe that a property is a potential public nuisance
property, the Sheriff shall issue a notice to the owner and any occupant
other than the owner that the property is potential graffiti nuisance
property.
A statement that the Sheriff has found the property
to be potential graffiti nuisance property, with a concise description
of the conditions leading to his/her findings.
A directive to abate the graffiti, to allow the County
to abate the graffiti and to pursue the owner's claim for damages
to the extent feasible, or to show good cause to the Sheriff or other
designated GAO that the property is not graffiti nuisance property
or why the owner cannot abate the graffiti within 15 days from the
date the notice was mailed.
A statement that if the graffiti is not abated and
good cause for the failure to abate is not shown, the Sheriff or designated
GAO may request a hearing and determination from the Board of County
Commissioners and/or seek authorization from the Board to file an
action with the court seeking an order of abatement.
Service of the notice of potential graffiti nuisance
property is completed upon mailing by first class, postage prepaid,
addressed to the owner's registered agent, if any, or to the owner
at the address of the property believed to be potential graffiti nuisance
property and to such other address as shown on the tax rolls of the
County, or such other place which gives the owner actual or constructive
notice of the determination by the Sheriff or designated GAO.
A copy of the notice of potential graffiti nuisance
property shall also be served on the occupants of the property, if
different than the owner. Service shall be completed upon mailing
the notice by first class, postage prepaid, addressed to the "occupant"
of each unit of the property believed to be a potential graffiti nuisance
property, or by posting on the door of said residence.
The failure of any person or owner to receive actual
notice of the determination by the Sheriff included in the notice
shall not invalidate or otherwise affect the proceedings under this
chapter.
Within 15 days from the date of mailing of the notice
of potential graffiti nuisance property, the owner shall either abate
the graffiti, allow the County to abate the graffiti and pursue the
owner's claim for damages to the extent feasible, or show good cause
to the Sheriff or other designated GAO that the property is not graffiti
nuisance property or why the owner cannot abate the graffiti within
that time frame.
If the owner does not comply with Subsection A or B of this section, the Sheriff may refer the matter to the Board of County Commissioners for hearing as part of its regular agenda at its next succeeding or other future meeting. The County shall give notice of the hearing to the owner and occupants, if different from the owner, in the manner provided above for the notice of potential graffiti nuisance property.
At the hearing during the Board's meeting, the owner and occupants may appear and be heard by the Board. The Board shall determine whether the property is graffiti nuisance property and whether the owner has complied with Subsection A. The Sheriff or designated GAO has the burden of showing by a preponderance of the evidence that the property is graffiti nuisance property. Once the Sheriff or GAO meets his burden of proof, the owner must show by a preponderance of the evidence that there is good cause for the failure to abate or to allow abatement.
In the event the Board determines that the property
is graffiti nuisance property and that the owner has failed to cause
the graffiti to be abated, the Board may order that the graffiti be
abated. The order may include conditions under which abatement is
to occur, such as a time period within which to comply or documentation
to be required to provide proof of compliance.
If the owner fails to abate the nuisance as ordered
by the Board, and in the absence of an appeal to the District Court,
the Sheriff or designated GAO may cause the graffiti to be abated
at the County's expense, and to pursue any claim for the costs incurred
that may be available through the court against the graffiti vandal
or other party legally responsible.
The Board may also employ any other remedy deemed
by it to be appropriate to abate an alleged public nuisance that does
not quality as graffiti because it was allowed by the owner, including
but not limited to authorizing a civil complaint in a court of competent
jurisdiction or initiating a criminal complaint for public nuisance.