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

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ORDINANCE NO. 97 - e e PAGE 3 SECTION 4. REMOVAL OF GRAFFITI BY PROPERTY OWNER. If the perpetrator does not remove graffiti, graffiti shall be removed pursuant to the following provisions: 1. Property Owner Responsibility. It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City to permit property that is defaced with graffiti to remain defaced for a period of thirty (30) days after being issued a warning notice about the defacement. 2. Exceptions to Property Owner Responsibility. The removal requirements of subsection (a) above shall not apply if the property owner or responsible party can demonstrate that: (a) The property owner (Residential only) or responsible party lacks the financial ability to remove the defacing graffiti: or (b) The property owner or responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, and such program is on file with the City and is not more than 30 days within a cycle. SECTION 5. REMOVAL OF GRAFFITI BY PERPETRATOR. Any person applying graffiti on public or private property shall have the duty to remove within seventy-two (72) hours after notice by the City. Such removal shall be done in a manner prescribed by the City Manager or duly designated agents. Any person applying graffiti shall be responsible for the removal or for the p~yment of the removal, provided that the owner of the property gives consent for the perpetrator to enter the affected property for purposes of said removal. An officer of the City of LaPorte shall be present at all times that a perpetrator has re-entered a property for purposes of removal of graffiti, for purposes of supervision of the removal, It is an unlawful act, punishable in accordance with the terms of this ordinance, for any person to fail to remove graffiti or pay for the removal of graffiti applied by such person. SECTION 6. PROHIBITED ACTS. (a) Defacement. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any city-owned property or, without the permission of the owner or occupant, on any non-city-owned property.