1. The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of nonresidential property within the city to cover or remove graffiti that is placed on that nonresidential property to protect the public health, safety and welfare of the residents of the city and to prevent blight upon the community. 2. An ordinance adopted pursuant to subsection 1 must: (a) Contain procedures pursuant to which the owner of the property is: (1) Sent notice, by certified mail, return receipt requested, of the existence on the owners property of graffiti and the date by which the owner must cover or remove the graffiti; and (2) Afforded an opportunity for a hearing and an appeal before the governing body of the city or its designee. (b) Provide that the date specified in the notice by which the owner must cover or remove the graffiti is tolled for the period during which the owner requests a hearing and receives a decision. (c) Provide the manner in which the city will recover money expended for labor and materials used to cover or remove the graffiti if the owner fails to cover or remove the graffiti. 3. The governing body of the city or its designee may direct the city to cover or remove the graffiti and may recover the amount expended by the city for labor and materials used to cover or remove the graffiti if: (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the notice; (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to cover or remove the graffiti within the period specified in the order; or (c) The governing body has denied the appeal of the owner and the owner has failed to cover or remove the graffiti within the period specified in the order. 4. As used in this section, nonresidential property means all real property other than residential property. The term does not include real property owned by a governmental entity.
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