1998-01-26 Workshop and Regular Meeting of City Council

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ORDINANCE NO. 98 - f' PAGE 3 C 00 ?T\� It I 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 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 is not responsible for the removal of graffiti if the perpetrator removes the graffiti per Section 3 of this Ordinance. The owner of any property in the City shall have the right to contract with the City to remove all such graffiti as may be on such real estate by requesting, in writing, the City Manager or his duly designated agents to do so, and by agreeing to pay, no less than twenty-five dollars ($25.00) per address. SECTION 5 HEARING. The owner or occupant 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 a notice of violation. 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.