The text
Sec. 26-481. - Graffiti.#
(a)
Graffiti is defined as the writing, painting, or drawing of any inscription, figure, or mark of any type on any public or private building or other real or personal property, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof or by any person, firm, or corporation, unless the express permission of the owner or operator of the property has been obtained.
(b)
Any person who shall willfully and maliciously injure or destroy or write upon, paint, or otherwise deface the property of another shall be punishable as provided in section 1-4 and/or shall be liable for the cost of removing the graffiti. The police department shall fully prosecute such crimes in municipal court, the family court, or at the juvenile hearing board, if applicable. If a juvenile is referred to the juvenile hearing board and sanctions are imposed by said board, the board may order the juvenile to remove the graffiti.
(c)
It shall be the responsibility of the owner of the property where the graffiti is located, to restore said surface to an approved state of maintenance and repair, as determined by the code enforcement officer for the city. Failure to do so within fourteen days after notice by the code enforcement officer shall be punishable as provided in section 1-4. Notwithstanding anything to the contrary herein contained, the owner or owners of the premises found in violation of the provisions of this section shall be ultimately responsible for removing the graffiti and for maintaining the premises in compliance herewith. If the owner of the property fails to remove the graffiti within fourteen days after notice by the code enforcement officer then the city may remove the graffiti. Any fines or penalties assessed hereunder or any costs incurred by the city in enforcing these provisions or removing the graffiti shall be and become a lien against such property to the same extent and character as the lien for real estate taxes with the same penalties and interest and with the same rights of collection, foreclosure, sale and forfeiture as obtained for tax liens.
(Ord. No. O-01-12, § I, 6-18-01; Res. No. R-01-164, § I, 12-4-01)
Cross reference— Vandalism to property in public recreation facilities, § 58-7.