Chapter 16.30
GRAFFITI PREVENTION, PROHIBITION AND REMOVAL
Sections:
16.30.020 Graffiti prohibited.
16.30.030 Notice of violation.
16.30.040 Notice of violation – Contents.
16.30.005 Findings.
Graffiti is considered to be obnoxious, contributes to neighborhood deterioration, provides a communication system for gangs and other vandals, damages property, and constitutes a public nuisance and must be abated immediately to avoid the detrimental impact of such graffiti on the town and its residents, to disrupt the communication system for gangs and other vandals, and prevent the further spread of graffiti. (Ord. 19-16 § 2, 2019)
16.30.010 Purpose and intent.
It is the purpose and intent of this chapter to provide a procedure for the prevention and removal of graffiti from walls, buildings, structures or surfaces on public and private property in order to reduce blight and deterioration within the town and to protect the public health and safety. (Ord. 19-16 § 2, 2019)
16.30.020 Graffiti prohibited.
No person who owns or is in control of any real property within the town shall maintain, permit or allow graffiti to remain on any sidewalk, building, sign, fence, wall or any other structures or surfaces where the graffiti is visible from the street or other public or private property. Doing so is a class one misdemeanor. (Ord. 19-16 § 2, 2019)
16.30.030 Notice of violation.
If it is determined by the town that graffiti exists on a property in violation of this chapter, the town shall, in writing, notify the owner of the property or responsible person through the issuance of a notice of violation providing a maximum of 10 days to abate the graffiti, which notice may be served by certified mail, personal service, or by posting the subject property and publishing the notice in a local newspaper. The town police department shall assist in the enforcement of this section and may use the Arizona traffic ticket complaint form in lieu of a written notice of violation. Failure to comply is a class one misdemeanor. (Ord. 19-16 § 2, 2019)
16.30.040 Notice of violation – Contents.
The notice of violation shall include the following:
A. Identify the property in violation.
B. Generally describe the location of the graffiti.
C. Direct that the graffiti shall be abated within a stated time period, not to exceed 10 days of receipt of the notice.
D. State that in the event the owner or responsible person fails to abate the graffiti within the time period specified in the notice of violation, the town shall abate the graffiti and bill the owner or responsible person for the costs thereof. (Ord. 19-16 § 2, 2019)
16.30.050 Town abatement.
In the event the owner or responsible person fails to abate the graffiti as required by the notice of violation, the town or its authorized representative is expressly authorized to enter private property only after going through the police department and abate graffiti thereon and bill the owner or responsible person for the costs thereof. In the event the bill is not paid, a statement of the account shall be certified to the town manager, who shall collect the same due, together with interest at the rate established by law. (Ord. 19-16 § 2, 2019)