§ 21-285. Notice to abate graffiti.

(a)

If the property owner refuses the offer of removal free of charge, the director shall serve written notice to abate the graffiti from the property within fifteen (15) days after the date the notice is received.

(b)

Notice under this article shall be given:

(1)

Personally in writing;

(2)

By letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the Bexar County Appraisal District; or

(3)

If service cannot be obtained under subsections (1) or (2):

a.

By publication at least once in a newspaper of general circulation;

b.

By posting the notice on or near the front door of each building on the property to which the notice relates; or

c.

By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.

(c)

If the director mails a notice to a property owner in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered.

(d)

Notice under this article shall contain:

(1)

An identification, which is not required to be a legal description, of the property;

(2)

A description of the location of the graffiti on the property;

(3)

The time period in which the owner must abate the nuisance;

(4)

A statement that the owner must abate the graffiti nuisance within such time period;

(5)

A statement that the owner may request a hearing within fifteen (15) days;

(6)

A statement that should the owner fail to abate the situation within the stated time period, the city may cause the correction and abatement work to be done on it's own and shall charge the owner for the expenses involved, and upon failure of the owner to pay the city for such expense, fix a lien on the lot or parcel for the expense involved;

(7)

A statement that if the owner demonstrates a hardship as defined in section 21-288, the director shall cause the graffiti to be abated without cost to the owner, and no lien shall be placed on the property.

(e)

Notice under this article shall be deemed to have been received:

(1)

For personal service, as of the date the notice was given personally to the owner;

(2)

For mailed notice, the date the notice is received; or

(3)

For notice by posting, fifteen (15) days after notice was posted on the property or structure.

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