Agenda Package - 05-18-09 - Laserfiche WebLink

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068 ® property to remain defaced with graffiti for a period of 15 days after service by first class mail of notice of the defacement. (c) Rernovol by city. If the property owner fails to remove the graffiti, the city is authorized to enter upon private or public property for the purpose of graffiti removal or remediation. The city shall seek consent from the property owner before entering private property. Failure of the owner to remove the graffiti or to give consent for the city to remove the graffiti, shall result in the city removing the graffiti and summarily abating the nuisance, and shall subject the owner to a penalty of $100.00, to be recovered by the city, if not paid within 15 days of issuance of a citation, in a civil action in the nature of debt. (Ord. No. 2006-20, § V, 5-2-2006) Sec. 26-76. Appeals. The property owner or party responsible for maintenance of the property who fails to remove graffiti or give consent to the city to remove graffiti and is assessed a civil penalty of $100.00 under subsection 26-75(c) above, may appeal the assessment to the city manager or his designee by giving written notice of appeal stating the reasons therefore within seven days of assessment of the penalty. Within ten days of the decision of the city manager or his designee, written notice of appeal may be sent to thehousing board of appeals for determination of whether the penalty shall stand or be overturned, but shall not otherwise be appealed. (Ord. No. 2006-20, § VI, 5-2-2006) ® Sec. 26-77. Enforcement. (a) Conviction. In accordance with section 1-7 of the Sanford City Code, each violation of section 26-73 shall constitute a misdemeanor, except as otherwise provided by statute, and shall be punished by a fine not exceeding $500.00 or imprisonment of a term not exceeding 30 days. (b) Restitution. In addition to any punishment imposed, the court may order any person convicted of a violation of this article to make restitution to the victim or entity which remechated the graffiti for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. The court may determine the amount, terms and conditions of the restitution. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make restitution. (c) Comtnun y service. In lieu of; or as a part of, the penalties specified in this section, a minor or adult may be required to perform community service as described by the court - Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal.