§ 23-82. Abatement by the city; expenses, and liens.  


Latest version.
  • (a)

    It shall be the duty of each owner or person having the right of possession of any property within the city to keep and maintain their properties, including buildings and fences or other structures, free of graffiti, and to promptly remove such graffiti from the property.

    (b)

    It shall be unlawful for the person owning or otherwise being in control of any real property within the city to maintain, permit or allow any graffiti to remain upon any structure located on such property when the graffiti is visible from the street or other public property. Violation of this section shall constitute an offense and may be prosecuted under section 23-84.

    (c)

    (1)

    If the owner fails to accept the city's offer to abate the graffiti at the city's expense or timely abate the graffiti or timely request a hearing as provided in this article, or

    (2)

    If after a hearing, the hearing officer rules in favor of the director, then the city shall be authorized to abate the graffiti, assess its expenses and place a lien on the property, specifying the name of the property owner (if known), the legal description of the property, and the amount of expenses incurred, including the assessment of the city's costs and of administrative expenses as outlined below. And any other information required by state law. Additionally, the owner may be prosecuted in municipal court for failure to abate the graffiti.

    (3)

    The lien shall attach to the property on the date on which the statement of expenses is filed in the real property records of Galveston County and the lien is subordinate to any previously filed lien.

    (d)

    Graffiti abatement—Reimbursement.

    (1)

    If a lien is to be filed, by the city, the director shall assess the costs of such removal against the property owner. Notice, service of which on the owner shall be in the manner provided for in subsection 23-81(b), stating the cost to the city or its agent(s) to abate the nuisance, including the cost of paint at fifteen dollars ($15.00) per quart with a one-quart minimum, plus the charges set out in subsection 23-6(c) for labor and administrative expenses shall be sent in writing to the owner by the director of the finance department or his designee. The notice shall request payment to the city within thirty (30) days of receipt by the owner. The costs for removal shall be payable within such 30-day period and thereafter bearing interest as set out below per annum until the debt is paid.

(Ord. No. 08-039, § 2, 7-24-08; Ord. No. 10-003, § 2, 1-14-10)