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§ 16-1 TITLE 10 – POLICE REGULATIONS § 16-6 Chapter 16 GRAFFITI Sec. 16-1: Purpose and Intent Sec. 16-2: Definition Sec. 16-3: Graffiti Defacement Unlawful Sec. 16-4: Graffiti as Nuisance Sec. 16-5: Removal of Graffiti by Perpetrator Sec. 16-6: Removal of Graffiti by Property Owner or City Sec. 16-7: Penalties Sec. 16-1. Purpose and Intent. The Council is enacting this Chapter to help prevent the spread of graffiti vandalism and to establish a program for the reduction of graffiti and the removal of graffiti from public and private property. (Ord. 2007-05, 06/04/2007) Sec. 16-2. Definition. For the purposes of this Chapter, Graffiti shall mean: Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance. (Ord. 2007-05, 06/04/2007) Sec. 16-3. Graffiti Defacement Unlawful. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any City-owned or non-City- owned property without the permission of the City, owner, or occupant. (Ord. 2007-05, 06/04/2007) Sec. 16-4. Graffiti as Nuisance. A. The existence of graffiti on public or private property in violation of this Chapter is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Chapter. B. It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. (Ord. 2007-05, 06/04/2007) Sec. 16-5. Removal of Graffiti by Perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the City or private owner of the property involved. Any person applying graffiti shall be responsible for the removal or for the payment of such removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this Ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal. (Ord. 2007-05, 06/04/2007) Sec. 16-6. Removal of Graffiti by Property Owner or City. If graffiti is not removed by the perpetrator according to this Chapter, graffiti shall be removed pursuant to the following provisions: A. 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 ten (10) days after service by first class mail of notice of the defacement. The notice shall contain the following information: 1. The street address and legal description of the property sufficient for identification of the property; 2. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; ---PAGE BREAK--- § 16-6 TITLE 10 – POLICE REGULATIONS § 16-6 3. A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated within that time the City will declare the property to be a public nuisance; and 4. An information sheet identifying any graffiti removal assistance programs and funds available through the City and private graffiti removal contractors. B. Right of City to Remove. 1. Use of Public Funds. Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or place open to the public, the City shall be authorized to use graffiti or other public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more extensive an area than that where the graffiti is located, unless the City Administrator or designee determines, in writing, that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the costs of repainting or repairing the more extensive area. 2. Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the City for the purpose of graffiti removal, the City shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this Chapter, or if the City has requested consent to remove or paint over the offending graffiti and the property owner or responsible party 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. C. Abatement and Cost Recovery Proceedings. 1. Notice of Due Process Hearing. The City Administrator or designee, serving as the Hearing Officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different than the owner, not less than forty-eight (48) hours notice of the City's intent to hold a due process hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten (10) days and publication thereof in the Official Newspaper. 2. Determination of Hearing Officer. The determination of the Hearing Officer after the due process hearing shall be final and not appealable. If, after the due process hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the Hearing Officer determines that the property contains graffiti viewable from a public or place open to the public, the Hearing Officer shall give written notice in an eradication order that, unless the graffiti is removed within ten (10) days, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer), or such other eradication thereof as the Hearing Officer determines appropriate, and shall provide the owner and the responsible party thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis. 3. Eradication Effort. Not sooner than the time specified in the order of the Hearing Officer, the City Administrator or designee shall implement the ---PAGE BREAK--- § 16-6 TITLE 10 – POLICE REGULATIONS § 16-7 eradication order and shall provide an accounting to the owner and the responsible party of the costs thereof. 4. Cost Hearing. The owner or responsible party may request a cost hearing before the Hearing Officer on the eradication accounting, and appropriate due process must be extended to the owner or responsible party. If following the cost hearing or, if no hearing is requested, after the implementation of the eradication order, the Hearing Officer determines that all or a portion of the costs are appropriately chargeable to the eradication effort, the total amount set forth in the eradication accounting, or an amount thereof determined as appropriate by the Hearing Officer, shall be due and payable by the owner or responsible party within thirty (30) days. Any amount of eradication charges assessed by the Hearing Officer that are less than the total amount set forth in the eradication accounting shall be explained by written letter from the Hearing Officer to the Council. 5. Lien. As to such property where the responsible party is the property owner, if all or any portion of the assessed eradication charges remain unpaid after thirty (30) days, the portion thereof that remains unpaid shall constitute a lien on the property that was the subject of the eradication effort. (Ord. 2007-05, 06/04/2007; 2024-17, 09/03/2024) Sec. 16-7. Penalties. A. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be punished pursuant to this Code and the Idaho Code. B. In addition to any punishment specified in this Section, 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 ordered restitution. (Ord. 2007-05, 06/04/2007)