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Ord 47-2009 8/4/2009 • �• ORDINANCE NO. ��- 2oC�� Ordinance Amending Sections 78-124 through 78-127 of the Wichita Falls Code of Ordinances to Modify the City's Graffiti Removal Program and Providing a Penalty of up to $500 upon Violation WHEREAS, graffiti encourages vandalism, produces urban blight and tends to reduce the value of public and personal property; therefore, the Wichita Falls City Council finds and determines that graffiti is a public nuisance; WHEREAS TEXAS CIVIL PRACTICE 8c REMEDIES CODE §101.067 provides that governmental immunity is not waived for a claim for property damage caused by the removal of graffiti under Section 250.006 LOCAL GOVERNMENT CODE and WHEREAS, the City of Wichita Falls establishes and affirms its graffiti removal pfOgfal7l 111 aCCOfdaClCe Wlth TEXAS LOCAL GOVERNMENT CODE §250.006 and determines that liens established hereby will be established and enforced in accordance with that section and other available provisions of Texas law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Sections 78-124 through 78-127 of the Wichita Falls Code of Ordinances are amended to read as follows: "Sec. 78-124. Owner responsibility and graffiti removal program. (a) It shall be unlawful for an owner to permit graffiti to remain on his property, except where: (1) the graffiti is located on transportation infrastructure; or (2) . the removal of the graffiti would create a hazard for the person performing the removal. (b) Prior to any enforcement or removal efforts by the City, the Building and Code Administrator or his designee shall inform a property owner in writing that the City will remove the graffiti from the owner's property free of charge and shall request that the property owner give written permission for removal and release the city, its contractors, and/or volunteer personnel from liability in the performance of the graffiti abatement program by completing a permission and release from liability form. (c) Should the property owner give written permission for the City to remove the graffiti, the City may remove the graffiti free of charge. No enforcement or '� . lien efforts shall be undertaken against a property owner who has given written permission for the City to remove the graffiti. (d) If the City informs a property owner in writing of the removal free of charge in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," or the property owner fails to respond to the City's request for written permission to remove the graffiti within 30 calendar days of the date such permission is requested, the property owner will be deemed to have refused the offer. (e) If the property owner refuses the offer of removal free of charge, the Building and Code Administrator or his designee shall serve the property owner with written notice to abate graffiti from the property within 15 calendar days after the date the notice is received. The notice to abate the graffiti shall be given: (1) Personally to the owner in writing; (2) By letter sent by certified mail addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or (3) If personal service to the owner of the property cannot be obtained under subsections (1) or (2) above, then by: a. Publication at least once in a newspaper of general circulation in the municipality; b. Posting the notice on or near the front door of each building on the property to which the notice relates; or c. Posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates. (fl If the Building and Code Administrator or his designee mails a notice to a property owner in accordance with this section and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. Sec. 78-125. Content of notice to owner. (a) The notice provided to an owner described in Section 78-124 shall include the following: (1) The date and nature of the graffiti, to include a description of the graffiti detailing the color and approximate size and location of the graffiti; (2) The physical location of the property on which the graffiti exists by street address or lot and block number; (3) The name of the owner; Sec. 78-126. Failure to abate graffiti. If the graffiti is not removed by the owner within 15 calendar days after the date the notice is received, the city may, without further notice, make entry upon the property by it, its contractors and/or volunteer personnel, and remove the graffiti. If the city removes the graffiti after notice is given and the 15 calendar day after the date of the notice has passed, the expenses of removal in accordance with a fee schedule adopted by the City will be charged to the property owner for the expense of removal and a lien may be filed against the property. Sec. 78-127. Assessment of expenses; liens. (a) The city may assess the expenses of removal incurred by the city for the abatement of graffiti pursuant to section 78-126 against the real property on which the graffiti abatement was done. (b) To obtain a lien against the property for expenses incurred under Section 78-126, the Building and Code Administrator, on behalf of the City, must file a statement of expenses with the county clerk of the county in which the property is located. The statement of expenses must contain: (1) the name of the property owner, if known; (2) the legal description of the property; and (3) the amount of expenses incurred under Section 78-126. (c) A lien described by Subsection (b) attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to: (1) any previously recortled lien; and �. �� ' . (2) the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by Subsection (b). 2. Violations of this ordinance shall be punishable by a penalty of up to $500 and as provided by Section 1-14 of the Wichita Falls Code of Ordinances." PASSED AND APPROVED this the 4th day of August, 2009. MAYOR ATTEST: � ' City Clerk �. Affi . . . davlt of Publlcatlon THE STATE OF TEXAS #239375 '� � ` � COUNTY OF WICHITA ���# ` � _ � � r�i r�cr�o k, n, Amendirtg� Append�z� B': �f, Tfie- Code - Of ` `Ordan'ances Thereto • Which wi�i� On this 3 day of August 2009 A D... - Establish 4=Commer- ��ar, e����,e55 c�os��e. personally appeared before me, the undersigned authority Times vu,The CenTral s�5i�ess�is#r��t Kathy Salaal� Sales Assista�nt for the Times Publishing 0'RDINANCE N0... � 4 �? 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