[Ord. No. 220-2021, 8-17-2021]
As used in this Article the following term shall have the meaning
indicated:
Any inscription, work, figure, drawing, symbol, design, or
other marking which is scratched, etched, drawn, or painted with spray
paint, liquid paint, ink, chalk, dye, or other similar permanent or
semi-permanent substance, on public or private property, without the
prior express permission or consent of the property owner.
[Ord. No. 220-2021, 8-17-2021]
The presence of graffiti upon public or private property within
the City is hereby declared to constitute a public nuisance. No person
shall affix graffiti to private or public property within the City,
and any person who is found guilty of affixing graffiti to private
or public property shall be punished by a fine of not less than two
hundred fifty dollars ($250.00) or by imprisonment for not more than
one hundred eighty (180) days, or by both such fine and imprisonment.
Nothing contained in this Section shall prevent the City from pursuing
any other remedy available for redress of any damage or injury caused
by the actions of any such person.
[Ord. No. 220-2021, 8-17-2021]
A.
Notice
To Abate. Whenever any authorized City official is informed and believes
that a public nuisance by reason of the presence of graffiti exists
on any private property within the City, he/she shall give written
notice to the owner, possessor, or occupant of such property of the
graffiti and the duty to abate the graffiti within ten (10) days from
the date the notice is given. The notice to abate shall also include
notice of a date, time, and place for a hearing to determine whether
the City shall be entitled to enter onto the property to abate the
graffiti if the graffiti is not fully abated in a timely manner.
B.
Removal
By Property Owner Or Occupant. Upon receipt of notice to abate graffiti,
it shall be the duty of the owner, possessor, or occupant of private
property upon which graffiti has been affixed to remove, obliterate,
or otherwise abate the graffiti existing on the property within the
time specified in the notice. The owner, possessor, or occupant may
satisfy the duty to abate the graffiti by permitting authorized agents
of The City or authorized community volunteers to enter onto the property
in order to remove, obliterate, or otherwise abate the graffiti.
C.
Removal By City Upon Failure To Comply With Notice. Upon failure of the owner, possessor, or occupant of private property to abate or permit the abatement of graffiti within the time specified in the notice to abate, the Municipal Judge shall, at the time, date, and place specified in the notice to abate, conduct a hearing to determine whether graffiti is present on the property in question, and whether notice to abate has been given as required in this Section. If the Municipal Judge finds that graffiti is present on the property and that proper notice to abate has been given, the Municipal Judge shall forthwith enter an order authorizing the City to enter onto the property in order to abate the graffiti. Any person aggrieved by an order of the Municipal Judge may appeal from the order in accordance with the appeal procedures set forth in Section 135.260.
