§ 5-31.07. Removal.

(a)

Public property. Whenever the Director of Public Works or his/her designated representative determines that graffiti exists upon property owned by the City, it shall be removed within twenty-four (24) hours after it is observed by City staff. When property is owned by a public entity other than the City, the removal of the graffiti may be authorized by the Director of Public Works or his/her representative, and removal undertaken by City personnel or independent contractor only after securing written consent of the public entity having jurisdiction over the property.

(b)

Private property.

(1)

Duty to remove. It is every property owner's duty to remove graffiti promptly from his/her property. Where graffiti is located upon private property, and is capable of being viewed by persons utilizing any public right-of-way, property, or sidewalk within the City, the City shall cause a written notice to be served upon the owner of the affected premises requesting the removal of that graffiti. Unless the property owner provides specified written consent authorizing the City or its contractor to abate the graffiti, the property owner shall have ten (10) calendar days after the date of the City's notice to remove the graffiti. Failure to remove or authorize City removal as specified shall be a violation for each day the graffiti is not removed.

(2)

Notice. The notice shall be addressed to the name and address as appears on the last tax assessment roll, by depositing a copy of the notice in the U.S. mail, with postage fully pre-paid, or by personally delivering a copy of the notice to owner. The service is complete at the time of such deposit in the mail or when personal service is effectuated. The failure of any person to receive such notice shall not affect the validity of any proceeding.

(3)

Authorization to enter, hold harmless. Prior to the entry onto private property by City personnel or authorized contractor for purposes of graffiti removal, a specified and signed written consent form shall be obtained from the private property owner or designated agent for such authorization of entry and release of liability. After written consent is received, City personnel or authorized contractor shall remove the graffiti within twenty-four (24) hours.

(4)

Authorization to enter, court order. If a specified and signed written consent to enter upon private property is not obtained from or is refused by the property owner or designated agent, the City may enter upon the property to abate the nuisance pursuant to a court order. After the court order is received, City personnel or authorized contractor shall remove the graffiti within twenty-four (24) hours.

(§ 1, Ord. 810, eff. February 24, 1994, as amended by § 1 (Exh. 1), Ord. 1154, eff. April 22, 2010)