GRAFFITI ABATEMENT

Denver Revised Municipal Code ch. 10, art. X

in effect

Denver Revised Municipal Code § 10-175 Definitions.

Sec. 10-175. - Definitions. (a) "Abate" means to remove the graffiti by such means, in such a manner, and to such an extent as the manager of transportation and infrastructure reasonably determines is necessary to remove the graffiti from public view. (b) "Graffiti" means markings placed on any property by means of painting, spray painting, drawing, etching, carving, scratching or any similar method, without the consent of the owner of the property, which are visible from any public street, sidewalk, alley, park, or other public place, or from any other parcel of property. (c) Graffiti nuisance property means property upon which graffiti has not been abated within the times prescribed in subsection 10-177(b) below after a notice of violation has been served by the manager pursuant to subsection 10-177(a) and for which permission to enter the property and abate graffiti has not been granted to the city. (d) "Manager" means the manager of transportation and infrastructure or anyone designated by the manager of transportation and infrastructure to act in his or her behalf. (e) "Owner" means any entity or entities having a legal or equitable interest in real or personal property including but not limited to the interest of a tenant or lessee. (f) "Property" means any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any structure, fence, wall, sign, or any separate part thereof, whether permanent or not. (g) Residential property, for the purposes of this article X only, means any property which is used solely for long term (at least monthly) housing. Residential property specifically does not include hotels and motels. (h) Responsible party means an owner, or an entity or person acting as an agent for an owner by agreement, who has authority over the property or is responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, each owner shall always be a responsible party for the purposes of this chapter. There may be more than one (1) responsible party for a particular property. (i) Nonresidential property shall mean all property not included in the definition of residential property, and shall specifically include hotels and motels. (j) Unauthorized means without the consent of a responsible party. (Ord. No. 659-98, § 1, 9-21-98; Ord. No. 636-07, § 1, 11-5-07; Ord. No. 39-20, § 17, 2-3-20)

Denver Revised Municipal Code § 10-176 Violation.

Sec. 10-176. - Violation. (a) Any property that becomes a graffiti nuisance property is in violation of this article and is subject to its remedies. (b) Every responsible party who permits a property to become a graffiti nuisance property is in violation of this article and subject to its remedies. (Ord. No. 659-98, § 1, 9-21-98)

Denver Revised Municipal Code § 10-177 Administrative actions for enforcement and abatement.

Sec. 10-177. - Administrative actions for enforcement and abatement. (a) Notice of violation. If it is determined by the manager that graffiti exists on property, the manager shall, in writing, notify the owner of the property or responsible party through the issuance of a notice of violation. The notice of violation shall require the graffiti be abated within forty-eight (48) hours if on nonresidential property or seventy-two (72) hours if on residential property. The notice of violation may be served by personal service; first class mail and posting the subject property or by posting the subject property and publishing the notice in the official city newspaper. (b) Notice of violation; contents. The notice of violation shall identify the property in violation, generally describe the location of the graffiti, explain the problems caused by the continued presence of graffiti and the need for its prompt removal, describe the resources available to aid in graffiti removal, and give notice that failure to remove graffiti is a violation of city law that may lead to legal action to remove the graffiti at the expense of the responsible party. If the graffiti is on nonresidential property, the notice shall direct property owners that the graffiti shall be abated within forty-eight (48) hours of receipt of the notice of violation. If the graffiti is on residential property, the notice shall direct the property owners that the graffiti shall be abated within seventy-two (72) hours of receipt of the notice of violation. The notice of violation shall state that, in the event the owner or responsible party fails to abate the graffiti within the time specified in the notice, the city will abate the graffiti and bill the owner or responsible party for the costs thereof. The notice of violation shall also state that the owner or responsible party may appeal the notice of violation by following the appeal process found in section 56-106 of this Code within the same time period allowed for abatement of the graffiti, and by paying an appeal fee of twenty-five ($25.00) dollars. (c) Abatement and lien. In the event that the owner or responsible party fails to abate the graffiti as required by the notice of violation, the manager may proceed to enter unto the graffiti nuisance property to abate the graffiti, and bill the owner or responsible party for the costs thereof. In the event that the bill is not paid, a lien may be assessed against the property for such costs. To initiate such a lien, the manager shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision. The manager may apply to the county court of the City and County of Denver for a civil warrant to enter property and abate graffiti thereon in accordance with this article. The city police department shall assist in the enforcement of such warrant. (d) Appeals. An owner who has been affected by a determination made pursuant to the provisions of this section may appeal that determination to the manager by following the procedures set forth in section 56-106 of this Code. An appeal made pursuant to this section must be filed within the time prescribed for abatement in the notice of violation, and an appeal fee of twenty-five dollars ($25.00) must be paid at the time the appeal is filed. (Ord. No. 659-98, § 1, 9-21-98; Ord. No. 775-07, § 9, 12-26-07; Ord. No. 636-07, §§ 2—4, 11-5-07)

Denver Revised Municipal Code § 10-178 Abatement by the city.

Sec. 10-178. - Abatement by the city. (a) The manager may enter unto and abate graffiti nuisance property when abatement is not complete by the date specified in the notice of violation and no appeal has been filed. (b) The manager may call upon other city departments and other agencies and resources for assistance in abating a graffiti nuisance property. (c) The costs of abating graffiti nuisance property shall be billed to the responsible party and shall be due and payable to the city within ten (10) calendar days after delivery of the bill. Costs include both the value of the use of city staff and equipment and payments made to third parties, including but not limited to: (1) Personnel costs, both direct and indirect, including attorney's fees and costs and administrative overhead; (2) Costs incurred in documenting the violation; (3) Hauling, storage, and disposal expenses; (4) Actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing or contracting and inspecting the work; and (5) The costs of any required printing and mailing. (Ord. No. 659-98, § 1, 9-21-98)

Denver Revised Municipal Code § 10-179 Reserved.

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH10BUBURE_ARTXGRABFetched: 10/27/2026