§ 9.80.050. Citation/notice to abate—Abatement—Methods and costs.

A.

When the county abatement officer determines that any property contains graffiti in violation of this section, the county abatement officer shall issue an administrative citation to be served on the property owner(s), as provided in Chapter 8.01 of this code, which shall notify the owner that the graffiti exists and must be immediately abated.

B.

Within thirty days of receiving the citation, the property owner shall either abate the graffiti or sign and return a consent form authorizing the county abatement officer to enter the property and abate the graffiti at county expense, by cleaning, painting, or otherwise removing the graffiti. The consent form shall be prepared by the county and be served with the citation.

C.

The property owner may contest the citation as provided in Section 8.01.070 of this code. The property owner shall demonstrate by a preponderance of the evidence that he or she does not have the financial ability to abate the graffiti, or that there was no graffiti on the property at the time the citation was issued.

D.

If the property owner consents to removal by the county as provided in subsection B of this section, the county abatement officer may enter the property and abate the graffiti.

E.

If the property defaced by graffiti is owned by a public agency other than the county, the graffiti may be removed by the county abatement officer only after obtaining consent from that public agency to enter and abate. The costs of abatement shall be divided equally between the county and the other agency.

F.

If the property is privately owned and the owner has failed or refused to appeal the citation, abate the graffiti, or consent to abatement by the county, or the owner's appeal of the citation has been denied and the time for further administrative appeal or hearing has expired, the county abatement officer may proceed with and complete public nuisance abatement of the graffiti, including the imposition of an assessment of the costs of abatement against the owner and placement of an abatement lien. The county abatement officer shall enter the property to abate the graffiti after providing five calendar days' advance written notice to the owner by personal service or by certified first class mail and posting on the property.

G.

To abate the graffiti, the county abatement officer may use county employees, employees of other public agencies that have contracted with the county, volunteers, or private contractors. The county abatement officer may also use work crews or wards of the court or persons sentenced to community service work programs, provided that the chief probation officer or director of corrections has granted permission and that the work crews are under the direct supervision of the probation department or department of corrections.

H.

The scope of removal or painting over of graffiti is limited to such areas as are determined appropriate by the county abatement officer and not the repair or masking of a more extensive area.

(Ord. 558A § 4, 2007).