10.29.120 Removal by city.
A. Upon failure of any person to comply with the notice to remove graffiti by the designated date, or such continued date thereafter as the city manager or his/her designated representative approves, the city manager is authorized to cause the graffiti to be removed by city forces or private contract.
B. Neither the city, nor any of its officials, officers, employees, consultants, or representatives, including a private contractor hired by the city to remove graffiti, shall be liable for alleged losses or damages pertaining to the removal of graffiti in the manner described and authorized in this chapter, save and except for any losses or damages resulting from gross negligence or willful misconduct.
C. The removal of graffiti authorized by this section is subject to the following:
1. Where the graffiti is on a structure owned by a public entity other than the city, entry onto the property for removal of the graffiti shall be authorized only after securing the consent of the public entity having jurisdiction over the structure and such entity executes a waiver and release, and agrees to an assumption of direct costs incurred by the city for the removal.
2. Where the graffiti is on a privately owned structure, unless summary abatement is authorized under Section 10.29.130 or is necessary as an emergency measure, entry onto the private property for removal of the graffiti shall be authorized only after securing the consent of the property owner and the owner executes a waiver and release, or upon issuance of an abatement warrant by a court of competent jurisdiction under California Code of Civil Procedure Section 1822.50 et seq. The costs of obtaining an abatement warrant may be recovered as an expense of abatement under Section 10.29.140.
(Ord. 2240 NCS §1 (part), 2006.)