§ 130.11. GRAFFITI PROHIBITED.

(A) Graffiti defined.GRAFFITI means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property provided that such graffiti was not expressly permitted by the city.

(B) Graffiti prohibited. It shall be the duty of all owners of property within the city to which graffiti has been applied to have such graffiti abated in conformance with the requirements of this section. The existence of all graffiti on public or private property within the city in violation of this section is expressly declared a public nuisance.

(C) Reporting graffiti within the city. All graffiti within the city shall be reported to the Police Department. Upon receiving a report of graffiti within the city, the Police Department shall take pictures, as necessary, and prepare a formal police report. The Police Department shall forward copies of all such police reports to the Department of Public Works.

(D) Graffiti removal. Upon receiving a police report of graffiti on public property, the Department of Public Works shall have such graffiti abated as soon as possible. Upon receiving a police report of graffiti on private property, the Department of Public Works shall notify the property owner, in writing, and demand the following:

(1) That the property owner abate the graffiti within five days of the date of such notice at the property owner’s sole expense; or

(2) That the property owner sign and return a waiver of liability to the Department of Public Works within five days of such notice permitting the Department of Public Works to abate the graffiti at no cost to the property owner.

(E) Violation. It shall be a violation of this chapter for a property owner to fail to either abate the graffiti within five days of being notified by the Department of Public Works or to sign and return a wavier of liability to the Department of Public Works within five days of such notice.

(F) Removal by the city. In addition to any fine which may be imposed under § 130.99 of this chapter, if the property owner fails to abate the graffiti in conformance with the requirements of division (D) above of this section, the city, by and through its Department of Public Works, may enter upon the property and abate the graffiti by any means necessary. The cost of such removal shall be the responsibility of the property owner and the costs thereof shall be taxed against the offending property owner and placed upon the tax records for collection.

(Ord. 22-2010, passed 7-26-10)