Sec. 14B-2-1. Removal of graffiti.

(a) Any person applying graffiti within the city shall have the duty to remove the same within twenty-four hours after notice by the city or the public or private owner of the property involved. Failure of any person to so remove graffiti shall constitute a separate infraction and, upon conviction thereof, shall be punished by a fine not exceeding fifty dollars for a first violation, one hundred dollars for a second violation within one year, and two hundred fifty dollars for each additional conviction within one year. Every day that said graffiti is not removed after notice shall constitute a separate offense.
(b) Whenever the chief of police or his/her designated representative determines that graffiti is so located on public or privately owned structures on public or privately owned real property within the city so as to be capable of being viewed by a person utilizing any public right-of-way, the police chief, or his/her designated representative, is authorized to provide for the removal of the graffiti solely at the city’s expense, without reimbursement from the property owner upon whose property the graffiti has been applied upon the following conditions:
(1) In removing the graffiti, the painting or repair of a more extensive area shall not be authorized;
(2) When a structure is owned by a public entity other than the city, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure;
(3) Where a structure is privately owned, the removal of the graffiti by city forces, or by a private contractor under the direction of the city, may be authorized only after securing the consent of the owner. (Ord. No. 1181, (part).)