§ 14-16. Graffiti declared a nuisance.

(a)

Definitions.

Graffiti means any unauthorized inscription, word, signature, symbol, design or other marking of any sort which is etched, written, painted, drawn, or applied to any structure, building or property of any sort or to any portion or element thereof, whether the property is public or private.

Owner means, as it applies to a building or land, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, or the whole of or a part of such building or land as defined in section 1-3 of this Code.

Unauthorized means without the permission of the owner or person in control of the property, whether public or private.

(b)

Graffiti that is visible from a public place, public right-of-way, or the property of others is detrimental to the safety and welfare of the public; tends to reduce the value of public and private property; invites vandalism, additional graffiti, and other criminal activities; and contributes to the deterioration of a neighborhood. The presence of graffiti on property that is visible from a public place, public right-of-way, or from another person's property is therefore declared to be a nuisance.

(c)

An owner or person in control of property commits a violation if they fail to remove any and all graffiti from their property when said graffiti is visible from public property, public right-of-way or any private property.

(d)

The property owner or person in control of property in violation will be given notice of said violation in writing either in person or by certified mail, and will have ten (10) days from receipt of that notice to abate the violation.

(e)

After notice to the property owner of the violation and failure of said property owner to cause the graffiti to be removed in a timely manner, the city may cause the violation to be abated and the cost of such work to be charged back to the property owner. A two hundred-dollar administrative fee plus the actual cost in time and materials may be billed to the property owner. If the bill is not paid within thirty (30) days of receipt, the property may have a lien placed against it for the amount due.

(Ord. No. 1863, § 1, 4-22-03)