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Subd. 2. It is unlawful for any person to possess any graffiti implement with the intent to <br />use the same to place or apply graffiti on any public or private real property within the <br />city or on any surface of a permanent structure, fixture or object located thereon. <br /> <br /> <br />Section 1007:15. Graffiti as Public Nuisance. <br /> <br />Subd. 1. The existence of graffiti on public or private property in violation of this <br />Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the <br />removal and abatement provisions specified in this Ordinance. <br /> <br />Subd. 2. It is the duty of both the owner of the property to which the graffiti has been <br />applied and any person who may be in possession or who has the right to possess such <br />property to at all times keep the property clear of graffiti. <br /> <br />Section 1007:20. Removal of Graffiti. <br /> <br />Subd. 1. Removal by the Perpetrator. Any person applying graffiti on public or private <br />property shall have the duty to remove the graffiti within 24 hours after verbal or written <br />notice by the City. Such removal shall be done in a manner prescribed by the Chief of <br />Police or the Health Director. Any person applying graffiti shall be responsible for the <br />removal or for the payment of removal. Failure of any person to remove graffiti or pay <br />for the removal shall constitute an additional violation of this Ordinance. Where graffiti <br />is applied by an unemancipated minor, the parents or legal guardian will also be <br />responsible for such removal or for the payment of the removal. <br /> <br />Subd. 2. Property Owner Responsibility. It is unlawful for any responsible party to <br />permit property that is defaced with graffiti to remain defaced for a period of 72 hours <br />after receiving notice from the City. <br /> <br />Subd. 3. Right of City to Remove or Abate. <br /> <br />a. Use of Public Funds. Whenever the City becomes aware or is notified and <br />determines that graffiti is located on publicly or privately owned property <br />viewable from a public or quasi-public place, the City shall be authorized to use <br />public funds for the removal of the graffiti, or for the painting or repairing of the <br />graffiti, but will not authorize or undertake to provide for the painting or repair of <br />any more extensive an area than that where the graffiti is located. <br /> <br />b. Notification. The Health Director will notify the responsible party in person or <br />in writing and require the person to remove the graffiti or otherwise abate the <br />nuisance. Verbal notice will be documented and at a later time reduced to <br />writing. Written notice will be served upon the responsible party by regular mail. <br />If the property is not occupied and the address of the responsible party is <br />unknown, then service on the responsible party may be accomplished by posting a <br />copy of the notice on the premises. The notice will require the responsible party