§ 50-16. Graffiti.

(a)

Purpose. This section is cumulative of O.C.G.A. O.C.G.A. § 17-15A-2 and following are followed and enforced by city. O.C.G.A. § 17-15A-3 notes that criminal gang activity is a serious public safety concern; criminal trespass and criminal damage to property caused by graffiti placed unlawfully on private property are crimes frequently associated with gang activity; and it is in the public interest, as a means of combating such gang activity and of contributing to general public welfare by improving the aesthetics of public views, to compensate as provided in this section private property owners who are victims of such by using inmate labor to remove or obliterate such graffiti when it is visible from public roads or other public property. Per § 17-15A-4, city authorizes inmate labor to remove or obliterate such graffiti. Graffiti promotes blight and must be abated to avoid detrimental impact and prevent further spread of graffiti. Without prompt removal, other properties become the target of graffiti, and entire neighborhoods are affected and become less desirable to live and work.

(b)

Nuisance. Graffiti is a public and private nuisance and may be abated per this section and applicable laws.

(c)

Definitions.

Graffiti means any inscriptions, words, figures, paintings, or other defacements, written, marked, etched, scratched, sprayed, drawn, painted, or otherwise affixed to any surface of real property or improvements thereon without prior authorization of the owner or occupant of the property 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.

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

Owner means any person, agent or entity having a legal or equitable interest in a property.

Permit means knowingly allowing graffiti or any failure, refusal or neglect to remove.

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 part thereof, whether permanent or not.

(d)

Prohibited acts. It is unlawful to apply graffiti or for any owner or occupant to permit graffiti on property.

(e)

Notice of removal. The city may serve a written notice directing the owner/occupant to remove such graffiti and advising of the appeal procedure. The notice may be served in person or by U.S. mail, return receipt requested. If the owner/occupant cannot be found, the notice may be served by posting in a conspicuous place on the property for three days.

(f)

Abatement of nuisance. It shall be unlawful for the owner/occupant to fail to remove the graffiti within five days of notice.

(g)

Appeal. An appeal may be taken to the city by the owner/occupant to prevent removal of any graffiti, within five days of having received the notice. Appeals shall be in writing and state the reasons for the appeal. The city shall not remove or obscure graffiti during the pendency of an appeal. If the party filing the appeal requests a hearing, such hearing shall be held within 45 days. If the city determines the graffiti must be removed, such must be accomplished within five days of the hearing.

(h)

Removal. If the graffiti is not completely removed by the owner/occupant in five days, the city and/or its private contractor or inmates may enter upon such premises to remove such graffiti. If the owner/occupant applied the graffiti, the owner/occupant shall be liable to the city for all such expenses. The city shall record the expenses incurred in abating graffiti and shall provide a statement of such costs to the owner/occupant. If any expenses remain unpaid after 30 days, the city may sue to recover all expenses incurred by the city in removing the graffiti, including attorney fees and court costs associated therewith.

(i)

Penalty. Any person convicted of violating this section may be punished by a fine up to $500.00 per instance, plus may be required to reimburse the city for expenses to remove the graffiti. The court may suspend or probate a portion of 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)

Alternate enforcement. Nothing herein shall prevent city from commencing any other available civil or criminal proceedings to abate a public nuisance under state law or city ordinance as an alternative, or in addition to, this section.

(Amend. of 5-10-2016)