§ 21-35. Removal of graffiti on private property.

(a)

"Graffiti" is defined as follows:

"Graffiti" is writing, or drawings scribbled, scratched, or sprayed on a wall or other surface on private property that is visible from a neighbor's property, or from a public street, alley, or park, or other public property.

(b)

The city may require the removal of graffiti from an owner's private property as follows:

(1)

The city may not give notice to a property owner to remove graffiti until:

a.

The city has offered to remove the graffiti from the owner's property free of charge; and

b.

The property owner has refused the offer, or failed to respond to the offer.

(2)

A property owner must remove the graffiti on or before the fifteenth day after the date the property owner receives notice to remove. If the property owners fail to remove the graffiti on or before the fifteenth day after the date of receipt of the notice, the city may remove the graffiti and charge the expenses of removal to the property owner in accordance with a fee schedule adopted by the municipality.

The notice required must be given:

a.

Personally to the owner in writing; or

b.

By letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or

c.

If service cannot be obtained under subsections (b)(1) or (2);

1.

By publication at least once in a newspaper of general circulation in the municipality;

2.

By posting the notice on or near the front door of each building on the property to which the notice relates; or

3.

By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.

(c)

The city may assess expenses incurred for graffiti removal against the property on which the work is performed to remove the graffiti.

(d)

To obtain a lien against the property for expenses incurred under this section, the governing body of the county or municipality must file a statement of expenses with the county clerk. The statement of expenses must contain:

(1)

The name of the property owner, if known;

(2)

The legal description of the property; and

(3)

The amount of expenses incurred under this section.

(e)

A lien as above-described attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to:

(1)

Any previously recorded liens; and

(2)

The rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as above-described.

(f)

An exception from the requirement that an owner of property remove graffiti from the owner's property is given if:

(1)

The graffiti is located on transportation infrastructure; and

(2)

The removal of the graffiti would create a hazard for the person performing the removal.

(Ord. No. 2818 , 9-21-15)