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the owner of the lots shall immediately remove any graffiti placed thereon. (b) Design of Potential Graffiti- Attracting Surfaces. Any applicant for design review approval, conditional use permit, special use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Executive Director of Planning and Building or designee, have designed any building structures visible from any public or quasi - public place is such a manner to consider prevention of graffiti, including, but not limited to the following: Use of a protective coating to provide for the prevention of or the effective and expeditious removal of graffiti Use of additional lighting as a means of deterrence iii. Use of non -solid fencing iv. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; V. Use of architectural design to break up long, continuous walls or solid areas; or vi. Use of a water projection system activated by a motion sensor. (c) Retro -Fit Existing Graffiti- Attracting Surfaces: Non - Residential Structures. The following provisions may be incorporated in a graffiti eradication order issued pursuant to Article VII of Chapter 17 of this Code, at the discretion of the City and /or hearing officer. At Owner's Expense. Any surface of a structure on a parcel of land used for non - residential purposes that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall be declared a public nuisance and required to be retrofitted, at the cost of the property owner, with features or qualities as may be established by the City as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal of graffiti. In exercising the authority hereunder, the City may not impose a cost on the property owner of an amount greater than that established or approved by City Council. At City's Cost. The owner of property used for non - residential purposes on which is located a surface of a structure that has been defaced with graffiti more than five (5) times in a twelve (12) month period shall permit the City to enter the property and, at the City's cost, make modifications as necessary to reduce the attractiveness Ordinance No. NS -2798 Page 4 of 6