1997-10-20 Special Called Regular and Workshop Meeting of City Council

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ORDINANCE NO. 97 - e e PAGE :1 Graffiti Implement shall mean an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. Owner or Occupant shall mean the record owner of the lot or parcel or other person specifically authorized in writing by the record owner to authorize the placement of any painting, scratching, writing or inscription upon the owner's property, or the tenant of a residential or commercial property. Unauthorized shall mean without the consent of the owner or occupant or without authority of law, regulation or ordinance. Unless the owner proves otherwise, lack of consent will be presumed under circumstances tending to show (i) the absence of evidence of specific authorization of the visual blight by the owner, (ii) that the visual blight is inconsistent with the design and use of the subject property, or (iii) that the person causing the visual blight was unknown to the owner. Visual blight shall mean any unauthorized graffiti or any other unauthorized form of painting, scratching, writing or inscription, including without limitations, initials, slogans or drawings. ' SECTION 2. GRAFFITI AS A NUISANCE. The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Ordinance. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. SECTION 3. HEARING. The owner of a lot or parcel subject to abatement under this ordinance may request a hearing by notifying the building official within ten (10) days following the date the city mails the required notice. The hearing shall be conducted by a hearing official designated by the City Manager or his designee, for the purpose of determining whether the conditions constitute a public nuisance under the provisions of this ordinance. Unless notice is waived by the owner, the owner shall be provided written notice of the time and place of the hearing at least ten (10) days prior thereto, At the hearing, the owner and the building official may present any evidence relevant to the proceedings, in accordance with reasonable rules adopted by the City Manager or his designee and subject to approval by the city attorney. If the hearing official finds that conditions constituting a nuisance hereunder exist, the hearing official shall issue an order so stating.