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.