§ 11-06-156. Elimination of graffiti.

(a)

Whenever the City becomes aware of the existence of graffiti on any real property, including structures, within the City and visible from the public right-of-way or City-owned land, the Code Enforcement Division shall give or cause to be given notice that the graffiti should be removed or effectively obscured, removal being either by the person in charge of the property or by the City or the City's agent. A reasonable, good faith effort shall be made to deliver the notice to the owner or person in charge of the property. The owner or person in charge of the property may cause the graffiti to be removed or completely obliterated; if this is that person's intent they should so advise the Code Enforcement Division within 10 days from the time the notice is delivered if the property owner/agent will remove the graffiti within 30 days. Also within 10 days from the time the notice is delivered, the owner/agent may advise the Division that the marking identified was authorized by the owner or person in charge of the property and thus is not graffiti as herein defined; the City will then not authorize removal.

(b)

If the owner or person in control of the property does not notify the Code Enforcement Division that they will remove the graffiti or alternatively that it is not graffiti because the installation was authorized as provided in (a) of this section, it will be deemed to be consent to the City's entering on the property and removing or completely obliterating the graffiti. The City will secure written consent of the property owner or person in control of the property in advance of entry onto property for graffiti removal purposes and will remove or obliterate graffiti as public monies become available; any color used shall be similar to that of the structure affected.

(c)

The Code Enforcement Division is authorized to use City employees, contractors, volunteers, individuals convicted of criminal charges or county jail residents who have been duly made available for such graffiti removal work.

(Ord. No. 915, 7-12-94)