Sec. 9-21. - Graffiti as nuisance.

(a)

Prohibited.

(1)

The existence of graffiti on public or private property in violation of this article is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this article.

(2)

It is the duty of both the owner of the property to which the graffiti has been applied and any other person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti.

(b)

Removal of graffiti by perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within 24 hours after notice by the city or private owner of the property involved. Such removal shall be done in a manner prescribed by the chief of police, the director of the department of public works, or any additional city department head, as authorized by the city. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this article. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment of such removal.

(c)

Removal of graffiti by property owner or city. If graffiti is not removed by the perpetrator according to this chapter, graffiti shall be removed pursuant to the following provisions:

(1)

Property owner responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten days after receiving notification by the city of the defacement. Such notice shall be provided in a manner prescribed by the chief of police, the director of the department of public works, or any additional city department head, as authorized by the city.

(2)

Exceptions to property owner responsibility. The removal requirements above shall not apply if the property owner or responsible party can demonstrate that:

a.

The property owner or responsible party lacks the financial ability to remove the defacing or graffiti; or

b.

The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as par t of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after receiving notification of the defacement.

(d)

Right of city to remove.

(1)

Use of public and/or trust funds. Whenever the city becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the city shall be authorized to use public and/or trust funds for the removal of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the city determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area.

(2)

Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal the city shall attempt to secure the consent of the property owner or responsible party and obtain a release of the city from liability for property damage or personal injury.

(e)

Abatement and cost recovery. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this article, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city may enter and abate the graffiti. If all or any portion of the eradication charges remain unpaid after 30 days, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort.

(f)

The severability provision is intended to permit a court to strike a portion of this article that is over broad, vague or otherwise unconstitutional, while upholding the remainder of this article. Severability is intended throughout and within the provisions of this article. If any section, subsection, sentence, clause, phrase or portion of this article is held to be invalid or unconstitutional by a court of competent jurisdiction than that decision shall not affect the validity of the remaining portions of this article.

(Ch. 876, § IV, 5-16-23)