§ 21-289. Abatement by city; payment of costs by owner; imposition of lien.

(a)

If an owner fails to abate a graffiti nuisance during the time allowed for abatement and/or fails to respond to the notice of the nuisance, the director may order abatement of the nuisance to be done at the owner's expense. This remedy shall be in addition to any other remedy available to the city.

(b)

Persons authorized by the director to abate the nuisance may enter private property to examine a public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.

(c)

Whenever the city shall abate a graffiti nuisance as provided by this article, the director shall have the option of selecting a private contractor to abate the nuisance.

(d)

The city shall assess to the owner a charge for all work done to abate the graffiti nuisance, including an administrative expense of one hundred eighty dollars ($180.00), and cause the expense thereof to be assessed on the property upon which such expense is incurred. All revenue collected shall be deposited in a separate account in the city dedicated to graffiti abatement.

(e)

A statement of the costs incurred by the city to abate the nuisance shall be mailed to the owner, if the owner and mailing address is known, and, if not known, may be published in a newspaper of general circulation in the city. The statement shall demand payment within thirty (30) days from the date of receipt or publication.

(f)

If such statement has not been paid within such period, the city manager or other official designated by the city manager may file a statement of expenses incurred with the county clerk stating the owner's name, if known, and the legal description of the lot or parcel. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures made and interest accruing at the rate of ten (10) percent on the amount due from the date incurred by the city. Such liens shall be inferior only to tax liens and liens for street improvements. The city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy.

(Ord. No. 2007-05-03-0480, § 2, 5-3-07; Ord. No. 2009-09-17-0731G, § 4, 9-17-09)