§ 66-189. Failure to remove graffiti.

(a)

Offense. A property owner commits an offense if (i) the Director of Planning and Inspections or his or her designee ("Director") makes a written offer to remove the graffiti from the owner's property without charge; (ii) which the property owner refuses; (iii) and the owner subsequently fails to remove graffiti from the owner's property on or before fifteen (15) days after the date notice is received from the Director.

(b)

Refusal required. The Director may not give notice to the property owner as set forth in Subsection (c) unless the property owner refuses the Director's offer to remove the graffiti without charge.

(1)

The Director's offer may be given in writing personally delivered to the owner or by letter sent certified mail, return receipt requested, addressed to the owner's address according to Tarrant County Appraisal District's records.

(2)

Refusal of the Director's written offer is deemed to have occurred if the property owner fails to respond to the Director's written offer within five (5) calendar days after the offer is mailed or personally delivered to the owner.

(c)

Notice required. The Director may not issue a citation to the property owner for failure to remove graffiti, as set forth in Subsection (d), unless the property owner receives notice and is allowed fifteen (15) days for graffiti removal from the date notice is received from the Director. Notice may be given:

(1)

In writing personally delivered to the owner;

(2)

By letter sent certified mail, return receipt requested, addressed to the owner's address according to Tarrant County Appraisal District's records; or

(3)

If service cannot be obtained under Subsections (b)(1) or (b)(2), then by either of the following methods:

(i)

By publication in a newspaper of general circulation within the City at least once;

(ii)

By posting notice on or near the front door of each building on the property to which the notice relates; or

(iii)

By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.

(4)

The notice shall contain:

(i)

The name and address of the record owner;

(ii)

An identification, which does not need to be a legal description, of the property upon which the violation is located;

(iii)

A statement describing the violation and the work necessary to correct the violation;

(iv)

A statement advising the property owner that the owner has been given the opportunity to have the graffiti removed by the City without charge and the owner has refused;

(v)

A statement that if the work is not completed on or before the 15th day from the date of notice, the Director or his or her designee shall enter the owner's property to complete the work and assess the cost of the work to the owner;

(vi)

A statement that if the City performs the work and the owner fails to pay the expense within thirty (30) days after the first day of the month following the month in which the work was done, the Director or his or her designee, shall obtain a lien against the property by filing with the County Clerk a notice of lien and statement of expenses incurred;

(vii)

A statement that the City shall not be responsible for the color or quality of the paint or any damages done to the owner's property while abating the nuisance on the property.

(d)

Issuance of citation. Citation for violation of subsection (a) may be issued fifteen (15) calendar days after notice of the violation and is allowed fifteen (15) days to remove graffiti. Notice is deemed to have occurred:

(1)

On the day notice is personally delivered to the owner;

(2)

Three (3) days after written notice is mailed to the owner;

(3)

On the day that notice is published; or

(4)

Three (3) days after the notice is posted on the property.

(e)

Exception. A property owner need not remove graffiti from the owner's property if the graffiti is located on transportation infrastructure and the removal of the graffiti would create a hazard for the person performing the removal.

(f)

Graffiti removal; expenses incurred. If the property owner fails to remove the graffiti on or before the 15th day after the date of receipt of the notice, the Director may enter the property or retain a private commercial contractor, another public entity, or a volunteer to abate or remove the graffiti after obtaining an administrative enforcement order pursuant to Sections 2-386 through 2-390. The City may charge the property owner the expenses incurred by the City for the abatement or removal of the graffiti in accordance with the fee schedule adopted annually by the City Council.

(g)

Assessment of expenses; lien. The City may assess expenses incurred by the City for the abatement of graffiti pursuant to Subsection (f) against the real property on which the work was done if the property owner fails to pay the expenses incurred by the City within thirty (30) days after the first day of the month following the month in which the work was done. To obtain a lien against the property, the Director shall file with the county clerk a statement of expenses and a copy of the notice that the Director provided to the owner. The lien is security for the expenditures made and interest accruing at the rate of 10 percent per annum on the amount due from the date of payment by the City. The lien is subordinate to any previously recorded lien; and the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed. The statement of expenses must contain:

(1)

The name of the property owner, if known;

(2)

The legal description of the property; and

(3)

The amount of expenses incurred.

City Graffiti Removal Fee

Assessment of Charges

A two hundred dollar ($200.00) administrative fee plus the actual cost in labor, equipment and materials will be made to the property owner, agent, or tenant to recover the costs associated with the abatement.

(Code 1973, § 13-85; Ord. No. O-47-94, § 1, 1-9-95; Ord. No. O-2010-015-15, §§ 1, 2(Exh. A), 8-23-10)