8.10.040 Abatement of graffiti property.
A. Upon a determination that graffiti is not being or will not be removed as requested, the City may issue an abatement notice.
B. The abatement notice shall be served upon the owner of the graffiti property and upon the occupant, if the occupant is different from the owner. Service may be by personal service or by certified return receipt mail to the last known address of the owner or occupant. If service is made by mail or if the whereabouts or address of the owner or occupant cannot be ascertained with reasonable diligence, the notice shall be posted on the graffiti property. The failure of any occupant or owner to receive actual notice shall not invalidate or otherwise affect the proceedings under this chapter.
C. The abatement notice shall contain the following information:
1. The street address or a description sufficient for identification of the graffiti property.
2. A statement as to why the property is graffiti property.
3. A statement that the graffiti must be removed within ten (10) days of the date the abatement notice was personally served, mailed or posted. That in the alternative, the owner may, within the ten (10) day period, give the City written permission to enter the property and remove the graffiti at the owner’s expense, if the City agrees to undertake the removal.
4. A statement that if, within the ten (10) day period, the graffiti is not removed or if permission is not given to the City to remove the graffiti, the City may, in the City’s sole discretion, enter the property and remove the graffiti or employ any other remedy deemed by it to be appropriate to abate the nuisance.
5. A statement that if the City removes the graffiti, with or without the permission of the owner, that the owner shall reimburse the City for its expenses, including total personnel services, costs, materials and an additional charge of 25% for administrative overhead.
6. A statement that any expenses of abatement incurred by the City shall be assessed against and become a lien on the property unless paid within thirty (30) days from the date of notice of assessment of the expenses.
7. A statement that any owner who, within the ten (10) day period, fails to remove graffiti or to reach an agreement with the City to enter the property and remove graffiti, may be subject to prosecution for a violation, punishable by a fine of not less than fifty dollars and not more than two hundred fifty dollars per day.
8. A statement that the abatement notice may be appealed to the City Council within the ten (10) day period by filing a written objection with the City Recorder specifying the basis for the appeal.