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 Irving
 Code of Ordinances
 Chapter 57. GRAFFITI
 Article III. GRAFFITI PROHIBITION

  § 57-6. Graffiti abatement action; hearing.  

Latest version.

  • (a)

    At a hearing requested by the property owner, the owner shall be entitled to present evidence and argue that his or her property does not contain graffiti. The determination of the director after the hearing shall be final and not appealable. After the hearing, if the director determines that the property contains graffiti, the director may order that the graffiti be abated. If a hearing is not requested, the director may immediately order that the graffiti be abated. Before ordering such abatement, the director shall give written notice ("abatement order") served in accordance with section 57-4(1) that, unless the graffiti is removed within ten (10) calendar days from the date the notice is served, the department of public works shall enter upon the property and cause the removal, painting over or such other eradication of the graffiti as the director determines appropriate.

    (b)

    The following procedures shall apply to actions by the director to abate and recover costs for abatement of graffiti on private property if the owner does not consent to removal of the graffiti within ten (10) days after the director determines from the hearing and notifies the owner that graffiti has been placed upon property of the owner:

    (1)

    Abatement action. Not sooner than the time specified in the abatement order, the director shall implement the abatement order. The director should provide an accounting to the owner of the costs of the abatement action ("abatement accounting") on a full cost recovery basis not later than ten (10) days from the date the abatement action is completed. The abatement accounting shall include all administrative costs incurred by the department of public works in abating graffiti on the property.

    (2)

    Lien. If all or any portion of the amount set forth in the abatement accounting remains unpaid after thirty (30) days of the mailing of the abatement accounting, such portion shall constitute a lien on the property which was the subject matter of the abatement action.

(Ord. No. 6632, § 1, 6-8-95)