A. The existence of graffiti on public and private property in violation of this chapter is expressly declared to be a public nuisance, or as deemed applicable, offensive to community standards.

B. The city does hereby compel the responsible party for public and private property to remove graffiti on the basis that its presence constitutes a hazard to public health and safety.

C. It shall be unlawful for any responsible party to maintain, permit or allow graffiti to remain on any property where graffiti is visible from any street or other public or private property. The responsible party of any property shall remove or cause to be removed any graffiti on the property within 10 calendar days of the discovery of the graffiti. The responsible party may allow the city to remove the graffiti or may remove the graffiti themselves and apply for victim restitution during prosecution.

D. Graffiti deemed offensive to community standards shall be removed/abated within 24 hours of discovery. City personnel may assist with materials and supplies to remove or repair the defacement as part of a graffiti abatement program funded by the city.

E. Any person convicted of applying graffiti on public or private property may be ordered by the court to either pay for the removal of the graffiti, or personally remove the graffiti by painting over the defaced area, within a specified time. Failure of any person to remove or pay for removal of graffiti constitutes an additional violation of this chapter. If graffiti is applied by a minor, the parents or legal guardian are also responsible for removal or payment for removal of graffiti.

F. The city is authorized to use public funds for graffiti abatement on public or private property. The city is not required to paint, remove, or repair an area more extensive than that covered by graffiti, or use a matching paint. The city at its discretion may provide more extensive painting, removal, or repair if approved by the city manager.

G. The city or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this article. [Ord. 10-03 § 1; Res. 10-13 § 1; Code 2004 § 19-21.]