A. Whenever the police chief or his/her designee determines that graffiti exists on any permanent structure in the city and is within public view, he/she shall cause a notice to be issued to the property owner and tenant to remove the graffiti. The notice shall be in the form of a written letter which will include a copy of the ordinance regarding graffiti abatement, and either a phone call or visitation by city representatives to secure immediate voluntary response on the part of the property owner and/or tenant. The property owner and or tenant will be encouraged to remove the graffiti within seven days or contact representatives of "PEG" via the graffiti hotline for graffiti removal, or use some other source to remove the graffiti within the specified time frame. Provided the property owner and or tenant has made a good faith effort to remove the graffiti and/or contact "PEG" in the prescribed time of seven days, the property owner and/or tenant shall not be subject to the abatement penalties as specified in Section 10.29.140(C). The property owner shall have seven calendar days after the date of the notice to remove the graffiti or the property will be subject to abatement by the city.

B. The property owner may appeal the determination of the police chief or his/her designee regarding the existence of graffiti, whether the person upon whom the notice was served is responsible for its removal, or whether circumstances exist that would justify an extension of time for removal, by filing a written notice of the appeal with the city manager within three days after receipt of the original notice by the property owner. The city manager is authorized to review and render a decision on any appeal and shall serve such decision on the person(s) filing the appeal within three business days of the decision. The seven-day period for removal of graffiti shall be tolled during pendency of an appeal. The decision of the city manager may be appealed to the city council within fifteen days.