12.28.060 Removal of graffiti.
A. Whenever graffiti is located on public or privately owned structures or fixtures, or on public or privately owned real property within the city, which is open to view from any public or private property, the city manager, or his designee, is authorized to provide for the removal of the graffiti in accordance with state law and this chapter.
B. Graffiti found on property owned by a public entity other than the city may be removed after securing consent from the public agency having jurisdiction over the structure or real property on which the graffiti is located.
C. Prior to removal of graffiti from private property, written notice shall be personally delivered to and posted on the property. The notice shall include the following:
1. That the graffiti exists and that, within five calendar days the owner or occupant must abate the graffiti or the city will enter the property and abate the graffiti by cleaning, painting or otherwise removing the graffiti;
2. That if the owner or occupant objects to the city entering the property and removing the graffiti, the owner or occupant must notify the city of that objection within seventy-two hours of the posting of the notice but that such notification does not relieve the owner or occupant of the responsibility for removing the graffiti;
3. The procedure for filing an objection and a copy of this section;
4. That if the graffiti is not removed and no objection is filed in a timely manner, it shall be conclusively presumed that the owner’s and occupant’s consent to enter the property and remove the graffiti has been given;
5. That if the graffiti is not removed and no objection is filed, the city may enter the property and remove the graffiti;
6. That if the property is occupied by other than the owner of record, the occupant of the premises posted shall immediately notify the owner and forward the posted notice to the owner.
D. Any owner of public or private property may consent to removal of graffiti by the city as and when graffiti may appear on said property by filing a letter with the city giving such consent. (Ord. 94-8 § 1, 1994)