§ 751-5. Removal of Graffiti by City.

(a)

The city manager may remove any graffiti determined to be in violation of Section 751-3 upon receiving written consent and waiver of liability from the owner of the premises in accordance with paragraph (c) of this section. The city manager may prepare and distribute forms for this purpose.

(b)

If the city manager determines that graffiti exists on private property within the city, the city manager may cause a Graffiti Abatement Notice to be served, which will provide notice of the city manager's determination that the premises contain graffiti in violation of Section 751-3, and that the property owner has seven calendar days from the date of the Notice in which to remove the graffiti, consent to removal of the graffiti by the city manager, notify the city manager in writing that he or she has consented or consents to the graffiti, or request a hearing before the director of public services. The notice shall be provided by the means specified in Section 751-7 and shall state that the owner may authorize the director to remove the graffiti by giving written consent and a waiver of liability in accordance with paragraph (c) of this section.

(c)

As a condition for allowing the city manager to cause removal of the graffiti, the owner shall also sign a release on a form provided by the city manager releasing the city from liability for damage to public or private property in connection with the removal of graffiti. The owner may give advance consent to the city manager to remove graffiti from the premises in the future without the need for the city manager to obtain the owner's consent prior to each removal. Such prior authorization shall be in writing to the city manager and shall be signed by the owner. The prior authorization may be revoked by the owner at any time by notifying the city manager in writing.

(d)

If the city manager has not received consent from the owner within seven days from the date of the Notice provided in accordance with Section 751-7, the city manager may remove the graffiti found to be in violation of 751-3.

(e)

Whenever the city manager is authorized by this chapter to remove graffiti, and uses public funds for such purpose, the city manager shall not authorize or undertake to provide for the painting or graffiti removal of any more extensive area than that where the graffiti is located, except in the following circumstances:

(1)

The city manager determines in a written notice to the owner that a more extensive area is required to be repainted or repaired in order to avoid an esthetic disfigurement to the neighborhood or community; or

(2)

The owner agrees to pay for the costs of repainting the more extensive area.

(f)

Where property defaced by graffiti is owned by a public entity other than the city, the city manager shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the premises.

(g)

Nothing in this chapter shall relieve any private person or entity, including utility companies, which occupy the public right-of-way pursuant to permit, franchise or license, of the obligation to keep its facilities in repair, clean, and free of graffiti.

(Ordained by Ord. No. 261-1995, eff. Aug. 2, 1995; a. Ord. No. 248-2002, eff. June 26, 2002)