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(1) The Director may abate a graffiti nuisance property at anytime after the responsible party has received notice pursuant to 9.85.060(1) and failed to abate the nuisance within the time allotted or after a decision and order has been issued by the Code Enforcement Board pursuant to PMC 9.120.070(5) and the required abatement has not been completed by the date specified in the decision and order.

(2) The Director may call upon other City departments and other agencies and resources for assistance in abating a graffiti nuisance property.

(3) Right of Entry on Private Property. Prior to entering upon private property or property owned by a public entity other than the Director for the purpose of graffiti removal, the Director shall attempt to secure the consent of the property owner or responsible party and a release of the City from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified within this chapter, or if the Director has requested consent to remove or repaint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the Director and consistent with the terms of this section the City shall commence abatement and cause recovery proceedings for the graffiti removal according to the provisions specified below.

(4) The costs of correcting the violation shall be billed to the responsible party and shall be due and payable to the City within 10 calendar days. Costs include both the value of the use of City staff and equipment and payments made to third parties, including but not limited to:

(a) Personnel costs, both direct and indirect, including attorneys’ fees and costs and administrative overhead;

(b) Costs incurred in documenting the violation;

(c) Hauling, storage and disposal expenses;

(d) Actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing or contracting and inspecting the work; and

(e) The costs of any required printing and mailing.

(5) Use of Public Funds. Whenever the City becomes aware or is notified and determines that graffiti is located on publicly or privately owned property viewable from a public or quasi-public place, the City Manager shall be authorized to use public funds for the removal of the graffiti, or for the painting or repairing of the graffiti, but shall not authorize or undertake to provide for the painting or repair of any more an extensive an area than that where the graffiti is located, unless the City Manager or the designee of the City Manager determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the property owner or responsible party agrees to pay for the cost of repainting or repairing the more extensive area. [Ord. 3370 § 2, 1999; Code 1970 § 9.85.090.]