§ 10-177. Administrative actions for enforcement and abatement.

(a)

Notice of violation. If it is determined by the manager that graffiti exists on property, the manager shall, in writing, notify the owner of the property or responsible party through the issuance of a notice of violation. The notice of violation shall require the graffiti be abated within forty-eight (48) hours if on nonresidential property or seventy-two (72) hours if on residential property. The notice of violation may be served by personal service; first class mail and posting the subject property or by posting the subject property and publishing the notice in the official city newspaper.

(b)

Notice of violation; contents. The notice of violation shall identify the property in violation, generally describe the location of the graffiti, explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti 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. If the graffiti is on nonresidential property, the notice shall direct property owners that the graffiti shall be abated within forty-eight (48) hours of receipt of the notice of violation. If the graffiti is on residential property, the notice shall direct the property owners that the graffiti shall be abated within seventy-two (72) hours of receipt of the notice of violation. The notice of violation shall state that, in the event the owner or responsible party fails to abate the graffiti within the time specified in the notice, the city will abate the graffiti and bill the owner or responsible party for the costs thereof. The notice of violation shall also state that the owner or responsible party may appeal the notice of violation by following the appeal process found in section 56-106 of this Code within the same time period allowed for abatement of the graffiti, and by paying an appeal fee of twenty-five ($25.00) dollars.

(c)

Abatement and lien. In the event that the owner or responsible party fails to abate the graffiti as required by the notice of violation, the manager may proceed to enter unto the graffiti nuisance property to abate the graffiti, and bill the owner or responsible party for the costs thereof. In the event that the bill is not paid, a lien may be assessed against the property for such costs. To initiate such a lien, the manager shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision. The manager may apply to the county court of the City and County of Denver for a civil warrant to enter property and abate graffiti thereon in accordance with this article. The city police department shall assist in the enforcement of such warrant.

(d)

Appeals. An owner who has been affected by a determination made pursuant to the provisions of this section may appeal that determination to the manager by following the procedures set forth in section 56-106 of this Code. An appeal made pursuant to this section must be filed within the time prescribed for abatement in the notice of violation, and an appeal fee of twenty-five dollars ($25.00) must be paid at the time the appeal is filed.

(Ord. No. 659-98, § 1, 9-21-98; Ord. No. 775-07, § 9, 12-26-07; Ord. No. 636-07, §§ 2—4, 11-5-07)