§ 46-105. Abatement by city; payment of costs by owner; imposition of lien.

(a)

If a property owner fails to abate or cause the abatement of graffiti from his or her property after receiving written notice, as provided in subsection 46-103(b) of this article, of such nuisance and after being given 15 calendar days to effect the abatement, the chief of police or other city department head designated by the city manager may order abatement of the graffiti and charge the expenses of removal and an administrative fee to the property owner in accordance with a fee schedule adopted from time to time by the city. This remedy shall be in addition to any other remedy available. The city may use its sole discretion regarding the manner by which it removes graffiti pursuant to this subsection.

(b)

Persons authorized by the chief of police or other persons designated by the city manager to abate the graffiti nuisance may enter onto private property to examine such nuisance, to obtain information to identify such nuisance, and to remove or direct the removal of such nuisance.

(c)

Whenever the city shall abate a graffiti nuisance as provided by this section, the police chief or other persons designated by the city manager shall have the option of using city employees/volunteers and materials or selecting a private contractor to abate the nuisance.

(d)

The city shall assess to the property owner a charge for the actual cost, including labor and materials, for all work done to abate the graffiti nuisance pursuant to this section 46-105, plus an administrative expense as set forth in the fee schedule and shall cause the expense thereof to be assessed on the property upon which such expense is incurred. All revenue collected shall be deposited in a separate account in the city dedicated to graffiti abatement.

(e)

A statement of the costs incurred by the city to abate the graffiti nuisance pursuant to this section shall be mailed to the property owner, if the property owner and mailing address are known, and, if not known, may be published in a newspaper of general circulation in the city. The statement shall demand payment within 30 days after the date of receipt or publication of such notice.

(f)

If such statement has not been paid within such period, the city manager or other persons designated by the city manager may file a statement of expenses incurred with the county clerk of the county in which the property is located stating: (i) the property owner's name, if known; (ii) the legal description of the lot or parcel; and (iii) the amount of expenses incurred. The statement of expenses or a certified copy of the statement shall be prima facie proof of the expenses incurred. Such statement shall be, and the city shall have, a lien for expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date incurred by the city. To the extent permitted by law, such liens shall be inferior only to tax liens and liens for street improvements. To the extent permitted by law, the city may foreclose such liens in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city's sole remedy.

(Ord. No. 1015, § 1, 5-22-2012)