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

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ORDINANCE NO. 98 - • PAGE 4 C(aLF SECTION 6. RIGHT OF THE CITY TO REMOVE. Right of Entry on Private Property. If the City has requested consent to remove or paint over the offending graffiti and the owner or occupant has refused consent for entry on terms acceptable to the City and consistent with the terms of this Section, the City shall commence abatement and cost recovery proceedings for the graffiti removal according to the provisions specified below. Correction or removal by City —Generally. In the event of the failure, refusal or neglect of the owner or occupant of any premises or property to comply with a notice given him pursuant to this article, it shall be the duty of the City Manager or his duly designated agents to cause the graffiti matter or condition constituting a nuisance to be promptly and summarily abated, in a reasonable and prudent manner, at the expense of the City. The City Manager or his duly designated agents shall carefully determine the cost of such work done and shall charge such cost against the owner of such premises. SECTION 7 PENALTIES - PERPETRATOR. (a) Restitution. In addition to any punishment specified in the Texas Penal Code, the court may order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severely liable with the minor to make the restitution. (b) Community Service. In -lieu of, or as part of, the penalties specified in this Section, a minor or adult who is convicted of applying graffiti to public or private property may be required to perform community service as described by the court based on the following minimum requirements: (1) The minor or adult shall perform community service. (2) At least one parent or guardian of the juvenile shall be in attendance a minimum of one -hundred percent (100%) of the period of assigned community service. If the parent chooses not to attend community service the penalty prescribed by the court system shall be doubled. (3) The entire period of community service shall be performed under the supervision approved by the Court. (4) A perpetrator found to be in violation of Section 2 shall be fined in any sum not more than $500.00 per day and each day may be deemed a separate offense.