Chapter 7-10
GRAFFITI ABATEMENT
SECTIONS:
7-10-001-0001 PURPOSE AND INTENT
7-10-001-0002 GRAFFITI PROHIBITED
7-10-001-0003 GRAFFITI REMOVAL
7-10-001-0004 NOTICE OF VIOLATION HEARING
7-10-001-0005 RIGHT OF CITY TO REMOVE
7-10-001-0001 PURPOSE AND INTENT
A. It is the purpose and intent of this section to provide a procedure for the removal of graffiti from walls, structures, or surfaces on public and private property in order to reduce blight and deterioration within the City, and to protect the public health and safety. For purposes of this chapter, "graffiti" means any inscription, word, figure, design, painting, writing, drawing or carving that is marked, etched, scratched, drawn, painted, or otherwise applied to property and that unnecessarily and substantially mars or visually impairs any surface upon the property, without permission from the property owner regardless of the graffiti content, or nature of the material used in the commission of the act, or the material of the property. There is a rebuttable presumption that the graffiti, as herein defined, was marked, etched, scratched, drawn, painted or otherwise applied to the property without permission from the property owner.
B. The City finds and determines that graffiti is obnoxious, contributes to neighborhood deterioration, provides a communication system for gangs and other vandals, damages property, and constitutes a public nuisance. Further, the City finds that graffiti must be abated as quickly as possible in order to avoid its detrimental impacts on the City and its residents, and to prevent the spread of additional graffiti. (Ord. 2014-13, Enacted, 07/01/2014; Ord. 2018-32, Renumbered, 12/11/2018. Formerly 7-01-001-0001)
7-10-001-0002 GRAFFITI PROHIBITED
All sidewalks, walls, buildings, fences, signs, utility structures, and other structures or surfaces shall be kept free from graffiti when the graffiti is visible from the street or other public or quasi-public property. For the purposes of this chapter, "quasi-public property" means any private street, highway, lane, alley or other roadway which is open to the public or to which the public is invited, and shall in this context include any and all parking lots, alleys, plazas, or similar public spaces generally open to the public. (Ord. 2014-13, Enacted, 07/01/2014; Ord. 2018-32, Renumbered, 12/11/2018. Formerly 7-01-001-0002)
7-10-001-0003 GRAFFITI REMOVAL
A. Removal by the Perpetrator. Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the City or private owner of the property involved. Such removal shall be done in a manner prescribed by the Chief of Police, the Director of the Department of Public Works, or any additional City department head, as authorized by the City Manager. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this chapter. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal.
B. Property Owner Responsibility. If graffiti is not removed by the perpetrator according to subsection (A) of this section, or if the perpetrator is unknown, graffiti shall be removed pursuant to the following provisions:
It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the City to permit property that is defaced with graffiti to remain defaced for a period of five (5) calendar days after actual notice (i.e., notice provided directly in person, by telephone, or by email), or service by first class mail of notice of the defacement. The notice shall contain the following information:
1. The street address and legal description of the property sufficient for identification of the property; and
2. A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding; and
3. A statement that the graffiti must be removed within five (5) calendar days after receipt of the notice and that if the graffiti is not abated within that time the City will declare the property to be a public nuisance, subject to the abatement procedures in this chapter; and
4. A statement that in the event the owner or responsible party fails to abate the graffiti within the time period specified in the notice of violation, the City may abate the graffiti; and
5. An information sheet identifying any graffiti removal assistance programs available through the City and private graffiti removal contractors; and
6. A statement that the notice of violation may be appealed, as provided in Section 7-10-001-0004.
The property owner or responsible party has an active maintenance program that includes graffiti removal and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of ten (10) days after service by first class mail of notice of the defacement. (Ord. 2014-13, Enacted, 07/01/2014; Ord. 2018-32, Renumbered, 12/11/2018. Formerly 7-01-001-0003)
7-10-001-0004 NOTICE OF VIOLATION HEARING
A. Any owner or responsible party aggrieved by the determination of the City in the notice of violation may appeal that determination to the City Manager within five (5) calendar days of receipt. Notwithstanding any other provisions of this code, there shall be a nonrefundable fee of two hundred fifty dollars ($250.00) for any appeal pursuant to this subsection. Such fee must accompany any such appeal and no such appeal shall be considered filed or received until such fee is paid in full.
B. Notice. The City Manager, or his or her designee, serving as the Hearing Officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different from the owner, not less than forty-eight (48) hours’ notice of the City’s intent to hold a notice of violation hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in the same manner as a summons in a civil action in accordance with Section 1-15-001-0011, Civil Enforcement Procedures.
C. Determination of Hearing Officer. The determination of the Hearing Officer after the notice of violation hearing shall be final and not appealable. If, after the hearing, the Hearing Officer determines that the property contains graffiti viewable from a public or quasi-public place, the Hearing Officer shall give written notice in an eradication order that, unless the graffiti is removed within five (5) calendar days, the City shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the Hearing Officer), or such other eradication thereof as the Hearing Officer determines appropriate.
D. Eradication Effort. Not sooner than the time specified in the order of the Hearing Officer, the City Manager, or the designee of the City Manager, shall implement the eradication order. (Ord. 2014-13, Enacted, 07/01/2014; Ord. 2018-32, Renumbered, 12/11/2018. Formerly 7-01-001-0004)
7-10-001-0005 RIGHT OF CITY TO REMOVE
In the event that the owner or responsible party fails to abate the graffiti as required by the notice of violation, or fails to appeal the notice of violation within five (5) calendar days of service, the City may proceed to abate the graffiti. The City or its authorized private contractor is expressly authorized to enter private property and abate graffiti thereon in accordance with this section. The Flagstaff Police Department shall assist in the enforcement of this chapter. (Ord. 2014-13, Enacted, 07/01/2014; Ord. 2018-32, Renumbered, 12/11/2018. Formerly 7-01-001-0005)