§ 57-4. Prohibition.

An owner of any tangible property in the city commits an offense if the owner fails to remove all graffiti from the owner's property after the director notifies the owner that graffiti is present on the property.

(1)

Before issuing a citation for a violation under section 57-4 of this section, the director shall serve the property owner with written notice to remove the graffiti from the property within ten (10) calendar days from the date the notice is served. The notice shall state that the director has determined that the property has graffiti in violation of this chapter; that the owner may remove the graffiti or authorize the director to remove the graffiti by written consent and a written waiver of liability; that if the director has not received consent from the owner within ten (10) days from the date of the notice, the owner may initiate a graffiti abatement hearing; and that if the owner fails to take one of these actions within ten (10) days, the property shall be subject to abatement of the graffiti by the director without further notice, and cost of the graffiti removal shall be levied against the property. The notice may be served by handing it to the owner in person or by United States certified mail, five-day return receipt requested, addressed to the owner at the owner's post office address as shown on the tax rolls of the city or of Dallas County. If the owner cannot be found and the notice is returned by the United States Postal Service, then the owner may be notified by:

a.

Publication one time in the official newspaper designated 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 if the premises contains no buildings.

(2)

The ten (10) calendar days will be counted:

a.

From the date the notice is personally served on the owner or from the sixth day after the notice is placed in the United States certified mail; or

b.

From the date the notice is:

1.

Published in compliance with subsection (1)a of this section; or

2.

Posted in compliance with subsection (1)b or (1)c of this section.

(3)

It is a defense to prosecution under this section if:

a.

No notice was served on the property owner in compliance with subsection (1);

b.

Before being issued a citation under this section, the property owner gave the director written authorization to enter onto the property and to remove the graffiti.

(Ord. No. 6632, § 1, 6-8-95)

State law reference

Graffiti, V.T.C.A., Penal Code § 28.08.