Sec.
39-10. Graffiti Prevention, Prohibition and Removal.
A.
Purpose and intent. It is the purpose and intent of this section to
provide a procedure for the prevention, prohibition and removal of
graffiti from walls1 structures or surfaces on public and private property
in order to reduce blight and deterioration within the City and to protect
the public health and safety.
Pursuant
to Chapter 4, _ 2(3) of the Phoenix City Charter, the City finds and
determines that graffiti is obnoxious, contributes to neighborhood
deterioration, provides a communication system for gangs and other
vandals, damages property, and constitutes a public nuisance, and must be
abated immediately to avoid the detrimental impact of such graffiti on the
City and its residents, to disrupt the communication system for gangs and
other vandals, and prevent the further spread of graffiti.
B.
Graffiti prohibited; All sidewalks, walls, buildings, fences,
signs, and other structures or surfaces shall be kept free from graffiti
when the graffiti is visible from the street or other public or private
property.
Notice
of violation. Notwithstanding the procedures set forth in Section 39-26 of
this Ordinance, if it is determined by the City that graffiti exists on
property in violation of this Ordinance, the City shall, in writing,
notify the owner of the property or responsible party through the issuance
of a Notice of Violation providing a maximum of ten days to abate the
graffiti, which notice may be served by certified mail, personal service,
or by posting the subject property and publishing the notice in the
official City newspaper.
C.
Notice of Violation - contents. The Notice of Violation shall
identify the property in violation, shall generally describe the location
of the graffiti, and direct that the graffiti shall be abated within ten
days of receipt of the' Notice. The Notice shall state that in the event
the owner or responsible party falls to abate the graffiti within the time
period specified in the Notice of Violation, the City shall abate the
graffiti and bill the owner or responsible party for the costs thereof.
The Notice shall state that the owner or responsible party may appeal the
Notice to the Rehabilitation Appeals Board by filing a written notice of
appeal with the Neighborhood Maintenance' and Zoning Enforcement Section
of the Neighborhood Services Department within the same time period given
to abate the graffiti, accompanied with an appeal fee of twenty-five
dollars.
D.
In the event that the owner or responsible party fails to abate the
graffiti as required by the Notice of Violation, the City may proceed to
abate the graffiti, and bill the owner or responsible party for the costs
thereof. In the event that the bill is not paid, a statement of the
account shall be certified to the City Treasurer who shall collect the
same due, together with interest at the rate established by law. The City
or its authorized private contractor is expressly authorized to enter
private property and abate graffiti thereon in accordance with this
section. The City Police 'Department shall assist in the enforcement of
this Ordinance.
D.
Prohibited Conduct.
1.
No person may write, paint, or draw any inscription, figure, or
mark of any type on any public or private building or other real or
personal property, owned, operated, or maintained by a governmental entity
or any agency or instrumentality thereof or by any person, firm, or
corporation, unless the express permission of the owner or operator of the
property has been obtained.
2.
No person may possess an aerosol Spray paint container or
broad-tipped indelible marker with the intent to violate the provisions of
subsection C(1).
3.
No person may posses an aerosol spray paint container or
broad-tipped indelible marker on any private property unless the owner,
agent, manager, or other person having control of the property consented
to the presence 'of the aerosol spray paint container or broad-tipped
indelible marker.
4.
No
person under the age of eighteen years may possess an aerosol spray paint
container or broad-tipped indelible marker on any public property unless
accompanied by a parent, guardian, employer, teacher or other adult in any
similar relationship and such possession is for a lawful purpose.