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<br />. <br /> <br />. <br /> <br />. <br /> <br />(b) <br /> <br />hours after notice by the city. The removal must be performed in a manner <br />prescribed by the city; with materials and colors compatible with existing surfaces, <br />and to a comparable or improved condition before the graffiti application as <br />determined by the city. Where graffiti is applied by a person under 18 years old, the <br />parents or legal guardian will also be responsible for such removal or for payment for <br />the costs of removal. Failure of any person to remove graffiti or pay for the removal <br />will constitute an additional violation of this article. <br /> <br />(b) <br /> <br />By properry owner or city. In lieu of the procedure set forth in subsection (a), the city <br />may order that graffiti be removed from private property by the property owner or <br />any person who may be in possession or who has the right to possess such property, <br />pursuant to the nuisance abatement procedure herein. Graffiti removal and <br />corrections must be performed with materials and colors compatible with existing <br />surfaces as determined by the city. If the property owner or responsible party fails to <br />remove offending graffiti within the time specified by the city, the city may <br />commence abatement and cost-recovery proceedings for the graffiti removal in <br />accordance with this article. <br /> <br />Sec. 46-85. Abatement by City. <br /> <br />(a) <br /> <br />Upon discovering a public nuisance under the provisions of this article, the city <br />administrator or designee shall serve a notice through mail, by posting a notice on <br />the property, or by personal delivery to the owner of the property upon which the <br />nuisance exists. When the property is occupied, service upon the occupant is <br />deemed service upon the owner. Where the property is unoccupied or abandoned, <br />service may be by mail to the last known address as shown on the property tax <br />records of the county or by posting on the property. <br /> <br />Such notice shall state a description of the public nuisance, that the public nuisance <br />must be corrected within 14 days of the service of the notice, that if the public <br />nuisance is not properly removed or corrected as ordered, the public nuisance will be <br />abated by the city and the costs of abatement will be specially assessed to the <br />property taxes. <br /> <br />Such notice shall also advise the property owner of the right to request a hearing <br />before the city administrator or designee to contest the contents of the notice. <br /> <br />If requested by the person upon whom the notice is served under subsection (a) of <br />this section, a hearing before the city administrator or designee shall be held at which <br />the person may contest the contents of the notice. The request for such a hearing <br />must be made in writing within five (5) days after receipt of the notice provided for <br />in subsection (a) of this section. After such hearing, the city administrator or <br />designee may cancel the notice to remove or correct the public nuisance, modify the <br />notice, or affirm the notice to remove or correct the public nuisance. If the notice is <br />modified or affirmed, the public nuisance must be disposed of in accordance with <br />the city's written order. <br /> <br />2006-08 <br />