§ 58-25. Removal of graffiti by town.

(a)

Notice. Whenever the town becomes aware of the existence of graffiti on any property, the town is authorized to remove the graffiti as set forth in this section after giving, or causing to be given, written notice to remove or effectively obscure such graffiti to the property owner, such property owner's agent or manager, or any other person in possession or control of the property. The notice required by this section shall be served upon the owner of the subject property either personally or by first class mail and by posting the notice on the subject property. If the whereabouts of such owner is unknown and the owner cannot be ascertained by the building inspector in the exercise of reasonable diligence, and the building inspector shall make an affidavit to that effect, then the serving of such notice upon such owner may be made by serving any person in possession of the subject property, or, if there is no person in possession of it, by posting the notice on the subject property. Any such notice may be served by any authorized representative of the inspection department or by any police officer of the town.

(b)

Costs and liens. If the person owning the property, acting as manager or agent for the owner of the property, or in possession or control of the property fails to remove or effectively obscure the graffiti within ten days from receipt of the notice described in subsection (a) of this section, the town may cause the graffiti to be removed or effectively obscured and charge the property owner, or the property owner's manager or agent, or the person in possession or control of the property, for the expenses incurred by the town in removing the graffiti. The town may sue in a court of competent jurisdiction to recover all such expenses, which shall include, but not be limited to, a $250.00 administrative fee, attorney's fees, court filing fees, and costs related to enforcing this section; and/or the town may record a lien in the public records of the county, which lien shall be for all such expenses, and the amount of the lien shall bear interest from the date of recording.

(c)

Emergency removal. If the town determines that any graffiti is a danger to the health, safety, or welfare of the public and is unable to provide notice by personal service after at least two attempts to do so, then 48 hours after either:

(1)

The mailing of the notice described in subsection (a) of this section by first class mail to the person owning the property, acting as agent or manager for the owner of such property, or in possession or control of such property; or

(2)

The posting of the notice in a conspicuous place on the property.

The town may remove or cause the graffiti to be removed at its expense.

(d)

Repair/restoration. In no case shall the town paint or repair any area obscured by graffiti more extensively than where the graffiti itself is located. The town shall not be required to restore the obscured area to its original condition (i.e., color, texture, etc.).

(Code 1999, § 58-30; Ord. of 6-1-2009, § 2)