§ 46-201. Duty of property owner to remove graffiti.

(a)

In this section:

(1)

Graffiti means any marking, including, but not limited to, any inscription, slogan, drawing, or painting, that is made in any manner on tangible property without the effective consent of the owner of the tangible property.

(2)

Property owner means any person with the legal right of possession to tangible property.

(b)

A property owner in the city commits any offense if he fails to remove, on or before the 15th day after the owner receives notice as provided in subsection (c), all graffiti from the property that is visible from any public property or right-of-way or from any private property other than the property on which the graffiti exists, unless the graffiti was created on the property with the property owner's consent and does not violate the sign regulations of the any other applicable city ordinance or state or federal law.

(c)

Before issuing a citation for a violation under subsection (b), the director shall serve the property owner with written notice to remove the graffiti from the property within 15 calendar days from the date the notice is served. The notice may be served:

(1)

By hand delivery in writing;

(2)

By certified mail, return receipt requested, addressed to the property owner at the property owner's address as shown in the records of the Anderson County Appraisal District; or

(3)

If service cannot be obtained under subsections (1) or (2) above, by:

a.

Publication two times within ten consecutive days in the official newspaper adopted by the city council;

b.

Posting the notice on or near the front door of each building on the premises to which the violation relates; or

c.

Posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates.

(d)

It is a defense to prosecution under subsection (b) that:

(1)

No notice was served on the property owner in compliance with subsection (c);

(2)

The property owner has removed graffiti from that particular property three or more times within the preceding 12 months; or

(3)

After receiving the offer described in subsection (e), the property owner authorized the city to enter onto the property and remove the graffiti free of charge by city personnel or pursuant to a volunteer or community service program approved by the city manager in which the property owner is eligible to participate.

(e)

The city may not give notice to the property owner under subsection (c) unless the city has offered to remove the graffiti from the property owner's property free of charge; and the property owner has refused the offer.

(f)

It is an exception to the requirement that the property owner remove graffiti from the property owner's property if:

(1)

The graffiti is located on transportation infrastructure; and

(2)

The removal of the graffiti would create a hazard for the person performing the removal.

(g)

An offense under this section is punishable by a fine of not less than $200.00, nor more than $500.00.

(Ord. No. O-18-07, § I, 4-23-2007; Ord. No. O-56-09, § I, 8-24-09)