§ 57-5. Graffiti abatement procedures.

(a)

The director may remove, at no cost to the property owner, any graffiti the director determines to be in violation of section 57-4 of this chapter upon receiving written consent and a waiver of liability from the owner of the property. The director may prepare and distribute forms for this purpose.

(b)

The owner may, if the owner desires, give advance consent to the director to remove graffiti from the property in the future without the need for the director to obtain the owner's consent prior to each removal. Such prior authorization shall be in writing to the director and shall be signed by the owner. The prior authorization may be revoked by the owner at any time by notifying the director in writing.

(c)

Whenever the director is authorized by this chapter to remove graffiti and uses public funds for the removal and for the repainting and repair of the property from which the graffiti is removed, the director shall not authorize or undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located, except in the following circumstances:

(1)

The director determines in a written notice to the owner that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community; or

(2)

The owner agrees to pay for the costs of repainting or repairing the more extensive area.

(d)

Where property defaced by graffiti is owned by a public entity other than the city, the director shall cause removal of the graffiti only after securing the consent of an authorized representative of the public entity that has jurisdiction over the structure.

(Ord. No. 6632, § 1, 6-8-95)

State law reference

Municipal authority to require the owner of a lot in the municipality to keep the lot free from weeds, rubbish, brush, and other environmental nuisances, V.T.C.A., Health and Safety Code § 342.001 et seq.