§ 10-33. Graffiti.

(a)

Purpose and intent. The council members of the city find and determine that graffiti is detrimental to the public health, safety and general welfare and constitutes a public nuisance that is destructive of the right and values of property owners as well as the entire community. Graffiti promotes blight in the neighborhoods in which it occurs and must be abated so as to avoid the detrimental impact of such graffiti on the city and to prevent the further spread of graffiti. Without prompt removal of graffiti, other properties become the target of graffiti, other properties become the target of graffiti and entire neighborhoods are affected and becoe less desirable places to live and work. It is further the intent of the city council to give notice to all who disregard the property rights of tohers that the city will strictly enforce all laws prohibiting graffiti.

(b)

Public nuisance. The city council finds and declares that the existence of graffiti anywhere within the boundaries of the city is a public and private nuisance, and may be abated according to the provisions and procedures contained in this section and other applicable laws.

(c)

Definition.

(1)

"Graffiti" is defined according to O.C.G.A. § 42-17-15A(2) as "any inscriptions, words, figures, painting, or other defacements that are written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of real property or improvements thereon by means of any aerosol paint container, broad-tipped marker, gum label, paint stick, graffiti stick, etching equipment, brush, or other device capable of scarring or leaving a visible mark on any surface."

(2)

"Occupant" means any person or sub lessee, successor or assignee that has control over property.

(3)

"Owner" means any person, agent, firm or corporation having a legal or equitable interest in a property and includes but is not limited to:

a.

A mortgagor in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises; or

b.

An occupant who has control over the property.

(4)

"Permit" means to knowingly suffer, allow or acquiesce by any failure, refusal or neglect to abate.

(5)

"Property" means any real or personal property and that which is affixed incidental or appurtenant to real property but not limited to any premises, house, building, fence, structure or any separate parth thereof, whether permanent or not.

(d)

Prohibited acts.

(1)

It shall be unlawful for any person(s) to apply graffiti as defined herein.

(2)

It shall be unlawful for any owner or occupant of property to permit graffiti on property.

(e)

Graffiti notice of removal. When the city becomes aware of the existence of graffiti, the city manager or his/her designee may serve a written notice directing the owner or occupant to remove such graffiti and advising of the appeal procedure. The notice required by this section may be served in person or by U.S. mail, return receipt requested. If the owner or occupant cannot be found, the notice may be served by posting a copy of the notice in a conspicuous place upon the property for three (3) days.

(f)

Abatement of nuisance. Unless an appeal is taken, it shall be unlawful for the owner or occupant to fail to remove the graffiti within five (5) days of the date that notice to abate the graffiti is served if service is made in person or by certified mail. If service ismade by posting the property the owner or occupant shall remove the graffiti within five (5) days of the first day that the property is posted.

(g)

Appeal. An appeal may be taken to the city council by the owner or occupant to prevent the removal of any graffiti, within five (5) days of having received notice from the city that the graffiti must be removed. Appeals shal be in writing and shall state the reasons for the appeal. If the party filing the appeal requests a hearing, such hearing shall be held at the next scheduled official meeting of thecity council. If on appeal the city council determins that graffiti must be removed, council may set a new deadline date for compliance or authorize the city to proceed to remove or obscure the graffiti. The city shall not remove or obscure any graffiti during the pendency of an appeal.

(h)

Costs.

(1)

If the graffiti is not completely abated by the owner or occupant of the premises within the time prescribed, and the appropriate party has not filed an appeal, the city manager or his/her designee is authorized to cause the graffiti to be abated by city personnel or private contractor, and the city and its private contractor are expressly authorized to enter upon such premises for such purposes and remove such graffiti.

(2)

The city shall keep an account of the costs and expenses incurred in abaiting graffiti and shall provide a statement of such costs to the person who received the otice to abate, andtothe owner of the affected property. The owner and occupant of the premises shall be jointly liable to the city for all costs and expenses to the city involved in abating the graffiti. If all or any portion of the costs and expenses incurred by the city in abating the graffiti and accounted for by the city remain unpaid after thirty (30) days, the same shall constitute a lien upo the real property and the city may file the appropriate documentation evidencing such lien in the real estate records as maintained by the clerk of the Superior Court of Cobb County.

(3)

In lieu of making the cost of abating a nuisance a lien upon the real property, the city may sue in a court of competent jurisdiction to recover all such expenses incurred by the city in removing the graffiti including attorney fees and court costs associated with the action.

(i)

Penalty. Any person who is convicted of violating this section may be punished by a minimum fine of five hundred dollars ($500.00), not exceeding one thousand dollars ($1,000.00) per instance, and the amount of the costs to remove the graffiti. The court may suspend or probate a portion or its entire sentence upon such conditions to include but not be limited to the restoring of the property so defaced, damaged or destroyed, or other remedial action.

(j)

Alternative means of enforcement. Nothing in this section shall be deemed to prevent the city council from authorizing the city attorney to commence any other available civil or criminal proceedings to abate a pubic nuisance under applicable provisions of state law or city ordinance as an alternative,or in addition to, proceedings set forth in this section.

(Ord. No. 2007-23, 12-4-07)

Cross reference

Nuisances, ch. 21.