9.24.130 Summary graffiti nuisance abatement--Notice and assessment of costs upon owner or person in possession of property.
The city council has determined that the continued existence of graffiti or other inscribed material on buildings, fences, landscaping and structures within the city is a public nuisance, and has the effect of encouraging the placement of more graffiti at the same location as well as on adjacent buildings, structures, fences and landscaping. The prompt removal of graffiti or other inscribed material is necessary to prevent its proliferation. Accordingly, where the city manager finds that graffiti or other inscribed material has been placed on privately owned buildings, fences, landscaping or structures the city manager is authorized to cause the summary abatement of the graffiti in the following manner:
A. Notice. The city manager must give the owner or other person entitled to possession of the building, fence, landscaping or structure not less than twenty-four hours’ written notice that unless the graffiti or other inscribed material to which the notice relates is removed within the period of time set forth in such notice, that the city may enter upon the property for the purpose of summarily abating the public nuisance by removal of the graffiti or other inscribed material.
B. Service of Notice. The notice must be given by personal service on the person to be notified, or by first class mail, addressed to the person to be notified at such person’s last known address.
C. Entry onto Property. Should the city find it necessary or efficacious to enter onto property to summarily abate a graffiti nuisance, the city will make reasonable efforts to obtain consent for such entry from the owner or occupant of the premises, or if required by law, to obtain a warrant to enter onto the property for the purpose of abating the graffiti nuisance. (Ord. 575 §1, 2008).