Agenda Package - 11-02-09 - Laserfiche WebLink

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0?9 • (b) Removal by property owner. The property owner shall remove graffiti as soon as possible, but no later than ten days from the date of receiving written notice from the County. The removal requirements of this section shall not apply in the following situations: (1) Hardship. If the property owner or other responsible party in control of the property lacks the financial ability to remove the graffiti, and signs a consent for the County to remove the graffiti; or (2) Removal procedure. If the property owner or responsible party in control of the property has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of 15 days after service by first class mail of notice of the defacement. (c) Removal by County: If the property owner fails to remove the graffiti, the County is authorized to enter upon private or public property for the purpose of graffiti removal or remediation. The County 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 County to remove the graffiti, shall result in the County removing the graffiti and summarily abating the nuisance, and shall subject the owner to a penalty of $100.00, to be recovered by the County, if not paid within 15 days of issuance of a citation, in a civil action in the nature of debt. • SECTION 6. APPEALS. The property owner or party responsible for maintenance of the property who fails to remove graffiti or give consent to the County to remove graffiti and is assessed a civil penalty of $100.00 under Section 5 (above), may appeal the assessment to the County 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 County Manager, or his designee, written notice of appeal may be sent to the County Board of Adjustment for determination of whether the penalty shall stand or be overturned, but shall not otherwise be appealed. SECTION 7. ENFORCEMENT. (a) Conviction. In accordance with N.C. Gen Stat §14-4 and N.C. Gen Stat §153A-123 each violation of Section 3 (above) shall constitute a misdemeanor, and shall be punished by a fine not exceeding $500.00 of 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 ordinance to make restitution to the victim or entity which remediated 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. 3