9.20.100 Administrative Enforcement and Notice to Remove Graffiti.
A. Notice to Remove Graffiti. Whenever a City official determines that graffiti exists within public view or visible from an adjacent or neighboring property on any real or personal property in the City, a City official may cause to be issued to the property owner a notice to remove graffiti that contains the following:
1. The address of the real property on which the graffiti is located;
2. The description and the general location of the graffiti;
3. The date by when the graffiti is to be removed;
4. The name(s) or identity(ies) of the person(s) responsible for removing the graffiti, if known;
5. The scope of the removal and the manner in which the removal is to take place and the nature of the repair, if any, of the affected property; and
6. Notice that the property owner must either (a) remove the graffiti within seven (7) days of the date of the notice or (b) give the City consent to remove the graffiti by executing the enclosed consent, release and waiver; failure to remove the graffiti or give such consent will cause the City to remove the graffiti at the property owner’s expense; and that graffiti removal and graffiti abatement costs may be assessed as a lien against the property.
B. Service of the Notice to Remove Graffiti. The notice to remove graffiti shall be personally served, or shall be sent by United States Postal Mail, with proof of service. The service is complete at the time of deposit in the mail or when personal service is effectuated. The failure of any person to actually receive such notice shall not affect the validity of any legal proceedings regarding removal of the graffiti.
C. Proof of Service. A declaration of the person effectuating service shall be affixed to a copy of the notice to remove graffiti and retained by the City.
D. Administrative Order – If Property Owner Fails to Remove, City Abates. The property owner must either remove the graffiti within seven (7) days of the date of the notice or contact the City and give the City consent to remove the graffiti. If the property owner does not remove the graffiti or provide authorization to the City to remove the graffiti within seven (7) days of the service of the notice to remove graffiti, then the property owner will be subject to removal by the City, including payment of the City’s costs of graffiti removal in accordance with this chapter.
E. Appeal of Notice to Remove Graffiti. The property owner(s) may appeal the determination regarding the existence of graffiti by filing a written notice of appeal to the Police Chief within ten (10) days after mailing or delivery of the notice provided in subsection (A) of this section. The seven-day period for removal of the graffiti shall be tolled during the pendency of the appeal.
F. Hearing. The Police Chief shall schedule an appeal hearing within thirty (30) days of receipt of the request for an appeal, as required in subsection (E) of this section. The Police Chief shall hear facts and testimony relevant to the hearing and shall not be limited to the technical rules of evidence. The property owner or any other person subject to this chapter may appear at the hearing and/or submit a sworn written statement in time for consideration at the hearing. The Police Chief shall notify the property owner or any other person subject to this chapter of the decision within fifteen (15) days of the hearing. The Police Chief may delegate any of the authority granted to the Police Chief under this section to an appropriate hearing officer.
G. The property owner or any other person subject to this chapter may appeal the decision of the Police Chief by filing a written appeal with the City Clerk within ten (10) days of receipt of the decision of the Police Chief. The appeal shall be heard by the City Council, which may affirm, amend or reverse the decision of the Police Chief, and may order the graffiti removed by City forces or at City expense. In making its decision, the City Council may consider, among other things, the following factors: (1) the number of times which graffiti was placed on the property of the property owner; (2) whether the property owner took reasonable measures to prevent graffiti from being placed on the property; (3) the cost of removing the graffiti; and/or (4) the cooperation of the property owner with the City toward eradicating the graffiti.
H. Validity of Other Enforcement Proceedings. The failure of a notice to remove graffiti to satisfy all of the requirements of this provision shall not affect the validity of any other enforcement proceedings under this chapter. (Ord. 1030 § 2(7), 2018; Ord. 983 § 2, 2012)