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ETCHING EQUIPMENT• Any determined by the city. Where
<br /> tool,device,or substance that can graffiti is applied by a person
<br /> uner be used to make permanent ledall ears uardian will alsosb�e "
<br /> marks on any natural or responsible for such removal or for (c)If the property owner does not
<br /> man-made surface. a meat for the costs of removal. : abate the nuisance as required by
<br /> GRAFFITI. Any inscription, P Y
<br /> word,figure,painting,symbol,or: Failure o£any person to remove subsection (a) or request a
<br /> other defacement that is written, graffiti or pay for the removal will hearing under subsection (b) of
<br /> in etched, scratched, constitute an additional violation h city may abat the uisance
<br /> sprayed, drawn, painted, or' of this article. In the city d y a atvoicing,the cost'
<br /> engraved,on,or otherwise affixed (b)By property owner or city.
<br /> eli any surface of public or pri lieu of the procedure set forth in collected as a spe al assessment
<br /> vate property by any"graffiti owich
<br /> subsection(a),the city may order a g ainst the prop e
<br /> implement, that r affiti be removed from the nuisance was located.
<br /> GRAFFITI IMPLEMENT. An y in this section
<br /> aerosol) paint container, a private property by the property (d)Nothing
<br /> broad tipped marker,container,
<br /> label, owner or any person who may be prevents abatement by the city of
<br /> paint stick or graffiti stick,etch, in possession or who has the right a public nuisance without notice
<br /> ingequipment,brushoranyother to'!possess such property, and hearing in the case of an
<br /> devise capable of scarring or " pursuant to the nuisance emergency in which there is an
<br /> devise
<br /> leaving a visible mark on any abatement procedure herein. immediate and direct threat to
<br /> natural or man-made surface. Graffiti removal and corrections the public health or safety. The
<br /> PAINT STICK OR GRAFFITI must be performed with materials expense of such an emergency as a
<br /> STICK, Any device containing a and-colors compatible with exis- abeCealeassessment against the
<br /> solid form of paint, chalk,wax, tiny surfaces p determined e the pproperty upon which the nuisance
<br /> epoxy,or other similar substance city. If the property owner or
<br /> capable of being applied to a sur- responsible party fails to remove as loco ed.
<br /> face by pressure and leaving a offending graffiti within the time Sec.46x8 of ton of this section is
<br /> marls of at least one-fourth of an specified by the city,the city may (a)Any punishable in
<br /> mark of le commence abatement and a misdemeanor,
<br /> Sec.46=82. Prohibited Acts. cost-recovery proceedings for the accordanviolat on of this article
<br /> (a)Defacement. It is unlawful with thi removal in accordance mayAbe subject to civil penalties.
<br /> for any person to apply graffiti to with this article.
<br /> Sec.46-85. Abatement by City. (c)This article is not
<br /> roperty owner
<br /> any natural or man-made surface (a)Upon discovering a public prohibit a private
<br /> on any publicly owned property nuisance under the P rovisions of from seeking additional penalties
<br /> or,without the permission of the this article the city dministrator or remedies
<br /> owner or occupant, on any or designee shall serve a notice This ordinance shall take effect
<br /> privately owned-property. through mail by.postin y a notice' upon publication as provided by
<br /> (b)Possession of graffiti - on the property, or by Personal, law.
<br /> implements. It is unlawful for deliver to the owner of the Passed and adopted by the City
<br /> any person to possess any graffiti' Y
<br /> implement between the hours . Property upon which the nuisance' Council of the City 006, River
<br /> 10:00`p.m, and 5:00 a.m. while exists. When the property is this 10th day of tephanie Klinzing
<br /> occupied; service" upon the Mayor
<br /> within 200 feet of any graffiti occupant;is deemed service upon
<br /> located in or on any public OT the owner. Where the property s ATTEST:
<br /> Y
<br /> private property, building os unoccupied or abandoned,service Joan Schmidt
<br /> structure. may be by mail to the last known City Clerk (Jy19)
<br /> Sec.46-83. Graffiti as Nuisance. address as shown on the property
<br /> (a)Declaration. The existence of : tax records of the county or by
<br /> graffiti on public or private posting on the property.
<br /> property in violation of this article pS u c h notice shall s"t a t e a
<br /> is expressly;declared to be a description of the public nuisance,
<br /> public nuisance and,therefore,is that the public nuisance must be
<br /> subject to the removal and corrected within 14 days of the
<br /> abatement provisions;specified in service of the notice, that if the
<br /> this article. public nuisance is not properly
<br /> (b)Duty of property owner. It is removed or corrected as ordered,
<br /> the duty of both the owner of the public nuisance will be abated
<br /> private property to which graffiti by the city and the costs of
<br /> has been applied and any person abatement will be specially
<br /> who may be in possession or who assessed to the property taxes. ?
<br /> has the right to possess such Such notice shall also advise the
<br /> property to,at all times,keep the property owner of the right to
<br /> property clear of graffiti. 1 request a hearing before the city
<br /> (.)Repeat violations. If a private administrator or designee to
<br /> property is'subject',to three or contest the contents of the notice. '
<br /> more occurrences of graffiti within (b)If requested by the person
<br /> a year,application of anti-graffiti Upon whom the notice is served
<br /> material of a type and nature that under subsection (a) of this
<br /> is acceptable to the city maybe section,a hearing before the city
<br /> required for publicly viewable administrator or designee shall be
<br /> surfaces after notification by the held at.which`the person may
<br /> city, or imposed during contest the contents of the notice.
<br /> improvements or construction The request for such,a hearing
<br /> activities to the site as determined must be made in writing within
<br /> by the city. five(5) days after receipt of the
<br /> Sec.46-84.'Removal of Graffiti. notice;provided for in subsection
<br /> (a)By perpetrator. The city may (a) of this section. After such
<br /> require any person applying hearin ,the cit administrator'or
<br /> graffiti on public or private designee may cancel the notice to
<br /> property to either remove or pay remove or correct the public
<br /> for all costs for removal of the nuisance, modify the notice, or
<br /> graffiti within 24 hours after affirm the notice to remove or
<br /> notice by the city.!The removal correct the public nuisance. If the
<br /> must be performed in a manner 'is modified or affirmed,the
<br /> prescribed by the city; with notice public nuisance must be disposed
<br /> materials and colors compatible of in accordance with the city's
<br /> with existing surfaces, and to a written order.
<br /> comparable or improved oi
<br /> before the graffiti application on
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