A. If after 10 days from receipt of the notice the responsible party has failed to remove the graffiti, the city may cause the graffiti to be removed and assess the costs of removal against the owner of the real property upon which the building or structure is located.

B. Any owner, occupant or lessee who receives written notice of graffiti abatement may file an appeal pursuant to MCC 9.40.090 for a hearing on either the notice or the amount of the assessment. The appeal must be in writing and acts as a stay of all proceedings until such time as the hearing officer schedules a time, place and date certain for the hearing.

C. A prior assessment or lien for the purposes provided in this section shall not be a bar to a subsequent assessment or assessments for such purposes and any number of liens on the same lot or tract of land may be enforced in the same action.

D. The lien upon real property authorized herein shall be subject and inferior to the lien for general taxes and to all prior recorded mortgages, liens and encumbrances of record. A sale of the property to satisfy a lien obtained under the provisions of this article shall be made upon judgment of foreclosure and order of sale. The city reserves the right to bring an action to enforce the lien in the Pinal County superior court at any time after the recording of the assessment, but failure to enforce the lien by legal action shall not affect its validity.

E. In the event that a responsible party would be financially burdened by a graffiti removal order, the responsible party may apply for a determination of hardship. The application shall include a statement as to why the hardship exists and documented proof of the financial hardship. The review of the application and final decision will be determined by the city manager. [Ord. 10-03 § 1; Res. 10-13 § 1; Code 2004 § 19-23.]