Notice of Violation. Where the Director determines that any property contains graffiti in violation of Section 1303, the Director may issue a notice of violation to the property owner. At the time the notice of violation is issued, the Director shall take one or more photographs of the alleged graffiti, and shall make copies of the photographs available to the property owner upon request. The photographs shall be dated and retained as a part of the file for the violation. The notice shall give the owner thirty (30) calendar days from the date of the notice to either remove the graffiti or request a hearing on the notice of violation, and shall set forth the procedure for requesting the hearing. The notice shall also inform the owner that where the owner fails to either remove the graffiti or request a hearing within thirty (30) calendar days from the date of the notice, the Director may initiate proceedings in accordance with this Article to enter upon the owner’s property and abate the graffiti at the owner’s expense. The notice shall further inform the owner that the minimum charge for removing graffiti is the greater of either $500 or the actual cost to the City, (including overhead and administrative costs, as well as attorneys’ fees where the Director has elected to seek recovery of attorneys’ fees). The Director shall serve the notice of violation as follows:
1. One copy of the Notice shall be posted in a conspicuous place upon the building or property.
2. One copy of the Notice shall be served upon each of the following:
A. The person, if known, in real or apparent charge and control of the premises or property involved;
B. The owner of record.
3. The Director may also serve one copy of the notice upon any other parties with a recorded interest.
Service required by paragraphs 2 and 3 may be made by personal service or by certified mail.
Where property defaced by graffiti is owned by a public entity other than the City and County, the Director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the property. The Director shall use all reasonable efforts to minimize graffiti on City-owned property, but City-owned property shall not otherwise be subject to the requirements of this Article.
(Added by Ord. 29-94, App. 1/14/94; amended by Ord. 211-99, File No. 990623, App. 7/30/99; Ord. 263-04, File No. 041150, App. 11/4/2004)