§ 21-284. Owner responsibility and graffiti removal.

(a)

It shall be unlawful for any property owner to fail to abate or cause the abatement of graffiti from his or her property after receiving notice of the nuisance and being given an opportunity to effect the abatement within the time allowed by this article unless otherwise exempted.

(b)

This section shall not apply:

(1)

To property that is residential owner-occupied or is a commercial property occupied by an ongoing business;

(2)

To graffiti located on transportation infrastructure; or

(3)

In cases in which the removal of the graffiti would create a hazard for the person performing the removal.

(c)

Prior to any enforcement efforts by the city, the director shall inform the property owner that the city will remove the graffiti from the owner's property free of charge if the owner provides written consent for the removal and releases the city, its contractors, and/or volunteer personnel from liability in the performance of the graffiti abatement by completing a permission and waiver form.

(d)

If the city informs the property owner of the removal free of charge in accordance with subsection (d) and the United States Postal Service returns the notice as "refused" or "unclaimed," or the property owner fails to respond to the city's request for written permission to remove the graffiti within ten (10) days of the date such request is mailed, the property owner will be deemed to have refused the offer.

(Ord. No. 2007-05-03-0480, § 2, 5-3-07; Ord. No. 2010-06-24-0617, § 1, 6-24-10)

Editor's note

Ord. No. 2010-06-24-0617, § 1, adopted June 24, 2010, changed the title of section 21-284 from "Failure to remove graffiti" to "Owner responsibility and graffiti removal." The historical notation has been preserved for reference purposes.