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5492-93 DI A ENO. 5492-9� AN , ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, j RE4mTING *"J1 OFFENSES; CREATING A NEW SECTION 20.05, CODE OF ORIDINdAtrCES, PROHIBITING GRAFFITI, AND REQUIRING THE REMOV'.[r OF GRAFFITI WIT-TN TEN C;LE DA k DAYS FO_ LOWING I .'1OTICIE'` THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ithe p. _�sence of graffiti creates an atmosphere of urban decal y and depreciates pro1pe7r ty" values, and is otherwise contrary to the image of the City of Clearwater as I a desirable place to visit; work, an reside; and WHEREAS, the City Commission finds it necessary to encourage the prompt removal of graffito as provided herein; nowt therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, 'FLORIDA: Section Section 20.05, Code of Ordinances, is created to reKd as ! follows, 'and exis;tfiio Sections 20.05 through 20.08 are renumbered as Se�tion 20.05 through 210. � Ir Sec. 20.0 , Graffiti prohibited; removal, required, I� (I) AS used' in this section: a} "Grafi`iti" means one or more letters, symbols, or ether' markings painted, drawn br ,otherwise applied to a wall , p+ st, ccslumn`, or other building or structure, or to a tree, or, other exterior surface, publicly or privately owned; The teris dimes riot include signs authorized pursuant to, or exempt from the provisions of,' chapter 44.' The term 'is the pluc�al of "graffito" but, for the purposes of this s :s:t ion, tNic: s i nr�u l ar and the plural forms shall be deemed synonymous. Ownes"°" means as defined by Section 1.02. c "xensu e"' means to clean away, cover with paint match in g the background coIor±, ±scrape off, or otherwise cause graffiti to be no longer~ visible from' a d i'stane.of IO feet or more'. (2) It shall be a violation of this section for any person to p�l�int, draw, or otherwise apply graffiti to any wall , post, column,_ or other buiIding or structure, or 'to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. 3) ' Graffiti found upon privately-owned property within the cit y shall be rernoaved by the property owner or, if the owner is not in possession oil the property, by the tenant or any adult person acting as the agent or propperty manager for'theiowner or the tenant, within ten calendar days following service of notice to suds �person; of the existence of graffiti upon such property. The notice shall lie served by hand delivery or `by mail , postage prepaid, 'to l the address of the owner,- or, tenant according to the property records of the county properly appraiser, and if served by mail a copy of the notice shall be posted I K I :n a ro'i' iT}ert ' cc, L-i4xl P Ea s. , s {s k 3 4 ice shall °dy �he.pirop =sty ,i "s€ describe the nat'urie and location of the graffiti , and state that the graffiti shall be removed; no ti: later than the tenth Malend— day following service of the notice.' The failure of an owner to remove graff,.iti within ten calendar 'days f011owing 'service of notice of the existence of graffiti upon the property shall be a violation cif this section. (4) Graffiti found upon city-owned public property shall be remove by the city nanager wilrain ten calendar days following discover of the exist nce of graffiti upa�� ,s�jcti property, If graffiti is found upon public property not owned by the city, ,the city manager, shall give notice of such graffiti to the owner, and 'shall .'reguiest the prompt removal of the graffiti. Section 2. This ordinance shall take effect immediately upon adopfion. PASSED ON IFIRST RE DIs�G 'AS AMENDED . November 8, 19ck PASSED, ON E ;Cr D AND FINAL READING AND ADOPTED w u December 2 a i i I i . Lam✓......,. a Garvey Ma yor-Commissioner Attest: L4 / �L Cynt tA E. Uoude4tu City "Ierk Approved as o f+ r rand correctness: r I I Iney City Attor I 2