9.120.060 Notice.
When the Director has reason to believe that a property within the City may be a potential graffiti nuisance property, the Director shall:
(1) Identify a responsible party and send that party notice which describes the nature and location of the graffiti and requesting that the graffiti be removed within three days. The notice shall explain the problems caused by the continued presence of graffiti and the need for its prompt removal, and give notice that failure to remove graffiti is a violation of City law that may lead to legal action to remove the graffiti at the expense of the responsible party and may subject the responsible party to civil penalties. The notice shall also contain the following information:
(a) The street address or description of the property reasonably sufficient for identification of the property;
(b) A concise description of the conditions leading the Director to believe that the property may be a graffiti nuisance property;
(c) A description of what must be done to abate the graffiti;
(d) A statement that the graffiti must be abated within three calendar days after receipt of the letter, and a statement that if the graffiti is not abated within that time the property will be a graffiti nuisance property subject to abatement by the City in accordance with PMC 9.120.090, and the responsible party will be subject to monetary penalties and costs in accordance with this section and PMC 9.120.040, 9.120.070, 9.120.080 and 9.120.090;
(e) A statement that if the responsible party objects to their property being designated as a graffiti nuisance and/or they object to the City’s notice that the City will enter onto the premises to abate the graffiti nuisance, they must request a compliance hearing before the City’s Code Enforcement Board pursuant to PMC 9.120.070 within three business days from the receipt of the graffiti nuisance notice. The request must be in writing and delivered to the City Clerk’s office.
(2) The graffiti nuisance notice referred to in subsection (1) of this section shall be mailed by certified mail to the responsible party at that party’s last known address. The notice shall also be posted at the property. As an alternative to mailing the notice, the Director may cause a copy of the notice to be personally served on the responsible party in the manner authorized by statute for personal service.
(3) The Director shall serve the notice of civil violation and hearing in the manner described in subsection (2) of this section. If an address for mailed service cannot, after due diligence, be ascertained and the person to whom the notice is issued cannot, after due diligence, be personally served within Franklin County, notice shall be served by posting a copy of the notice conspicuously at the graffiti nuisance property. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. [Ord. 3370 § 2, 1999; Code 1970 § 9.85.060.]