§ 46-103. Notices and city offer to remove graffiti.

(a)

Whenever a police officer or other city employee who is charged with the enforcement of this article has probable cause to believe graffiti has been placed upon any property subject to this article, the police officer or other employee shall cause the property owner to be notified in writing of: (i) the presence of the nuisance; and (ii) the city's offer to remove the graffiti from the owner's property free of charge. The property owner shall have ten calendar days from the date of receipt of the city's notice under this subsection to either accept or refuse the city's offer to remove the graffiti. If the property owner does not send a written response to the city within that ten calendar days, the city's offer shall be deemed refused. The city may use its sole discretion regarding the manner by which it removes graffiti pursuant to this subsection.

(b)

If the property owner either: (i) refuses the city's offer to remove the graffiti as provided under subsection 46-102(a); or (ii) fails to respond to the city's offer to remove the graffiti as provided under subsection 46-102(a) within ten calendar days, the city shall send the property owner a notice that the property owner is required to remove the graffiti from the owner's property on or before the 15th day after the date the property owner receives notice under this subsection. This subsection shall not apply to a property owner if the graffiti is located on transportation infrastructure and the removal of graffiti would create a hazard for the person performing the removal.

(c)

The notice provided under subsection 46-103(b) must be given in accordance with of the Tex. Local Government Code § 250.006, as amended.

(Ord. No. 1015, § 1, 5-22-2012)