GRAFFITI

Fort Worth City Code pt. App. B, art. II, div. 4

in effect

Fort Worth City Code § 11A-90 GRAFFITI DECLARED A NUISANCE.

§ 11A-90 GRAFFITI DECLARED A NUISANCE. (a) The city council hereby finds that graffiti that is visible from a public place, public right-of-way or the property of others: (1) Is detrimental to the safety and welfare of the public; (2) Tends to reduce the value of private property; (3) Invites vandalism, additional graffiti and other criminal activities; and (4) Produces urban blight adverse to the maintenance and continuing development of the City of Fort Worth. (b) The presence of graffiti on property where it is visible from a public place, public right-of-way or from another person’s property is therefore declared to be a nuisance. (Ord. 12931, § 1, passed 3-25-1997)

Fort Worth City Code § 11A-91 FAILURE TO REMOVE GRAFFITI.

§ 11A-91 FAILURE TO REMOVE GRAFFITI. (a) Except as otherwise provided herein, a person commits an offense if the person is the owner of property and, after receiving notice from the city in accordance with § 11A-93, knowingly fails to remove, or knowingly fails to cause the removal of graffiti from the property, when the graffiti is visible from: (1) A public place; (2) Public right-of-way; or (3) Another person’s property. (b) In accordance with state law, a person is excepted from subsection (a) above and from any requirement to remove graffiti from the owner’s property if and only if: (1) The graffiti is located on transportation infrastructure; and (2) The removal of the graffiti would create a hazard for the person performing the removal. (Ord. 12931, § 1, passed 3-25-1997; Ord. 18771-08-2009, § 1, passed 8-25-2009)

Fort Worth City Code § 11A-92 OFFER TO REMOVE.

§ 11A-92 OFFER TO REMOVE. (a) Prior to issuing a citation under § 11A-91, sending a notice to abate in accordance with § 11A-93, or taking action to abate pursuant to § 11A-93, the city shall make an offer to remove the graffiti from the owner’s property free of charge. The offer may be made orally or in writing. (b) If an offer is made orally, it must be made: (1) In person to the property owner; or (2) Via telephone or telephone message to the property owner but only if the city has a current, valid telephone number for the property owner. (c) If an offer is in writing, it must be made: (1) In person to the property owner; (2) By first class United States mail or common or contract carrier addressed to the property owner at the property owner’s address as contained in the records of the appraisal district in which the property is located; (3) By publication at least once in a newspaper of general circulation; (4) By posting the offer on or near the front door of each building on the property to which the offer relates; or (5) By posting the offer on a placard attached to a stake driven into the ground on the property to which the offer relates. (d) For purposes of making an offer, the property owner shall be the individual identified as the current owner of the property according to the records of the appraisal district in which the property is located. (e) Service by publication under subsection (c)(3) above may include more than one piece of property and more than one property owner so long as each address and owner is clearly identified. (f) An offer will be deemed to have been received: (1) For oral or written personal service, as of the date the offer was made in person to the property owner; (2) For telephone service, as of the date the offer was made via telephone or telephone message to the property owner; (3) For service via mail or common or contract carrier, three days after the date that the offer was deposited in the mail or given to the carrier; (4) For service by publication, on the date that the offer was published in the newspaper; or (5) For service by posting, three days after the date on which the offer was posted. (g) If an owner does not contact the city to accept an offer by 5:00 p.m. on the third business day after the date an offer is deemed received, it shall be presumed that the owner has refused the offer, and the city may proceed as though the owner actually refused the offer effective the date of that third day. (Ord. 18771-08-2009, § 2, passed 8-25-2009)

Fort Worth City Code § 11A-93 NOTICE AND ABATEMENT.

§ 11A-93 NOTICE AND ABATEMENT. (a) The city must notify the property owner of a violation of this article, and must give the owner the opportunity to remove the graffiti before: (1) Issuing a citation for a violation of § 11A-91; or (2) Entering the property and doing the work necessary to abate the nuisance. (b) Notice must require a property owner to remove the graffiti or cause the graffiti to be removed on or before the fifteenth day after the date that the property owner is deemed to have received the notice. (c) Notice may be given no earlier than the date: (1) On which the property owner actually refuses the city’s offer of removal; or (2) On which the offer of removal is presumed to have been refused under § 11A-92(g). (d) Notice must be in writing and must be given: (1) To the owner in person; (2) By letter addressed to the property owner at the property owner’s address as contained in the records of the appraisal district in which the property is located, and sent by certified mail, return receipt requested; or (3) If service cannot be obtained under subsection (d)(1) or (d)(2) above: a. By publication at least once in a newspaper of general circulation; b. By posting the notice on or near the front door of each building on the property to which the notice relates; or c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates. (e) Notice will be deemed to have been received: (1) For personal service, as of the date the notice was given personally to the owner; (2) For mailed notice, three days after the date on which the notice was deposited in the mail; (3) For notice by publication, on the date that the notice was published in the official newspaper; or (4) For notice by posting, ten days after the date on which notice was posted. (f) If a property owner does not comply with the notice to abate on or before the fifteenth day after the date on which the property owner is deemed to have received the notice, a citation for a violation of § 11A-91 may be issued. (g) If a property owner does not comply with the notice to abate on or before the fifteenth day after the date on which the property owner is deemed to have received the notice, the city may enter the property and do all work necessary to abate the graffiti. (h) If the city does the abatement work pursuant to subsection (g) above, the city shall initially pay for the work done, and shall charge the expenses to the owner of the property in accordance with a fee schedule adopted annually by the city council. (Ord. 12931, § 1, passed 3-25-1997; Ord. 18771-08-2009, § 3, passed 8-25-2009)

Fort Worth City Code § 11A-94 ASSESSMENT OF EXPENSES; LIEN.

§ 11A-94 ASSESSMENT OF EXPENSES; LIEN. (a) The city may assess expenses for the abatement of graffiti pursuant to § 11A-93 against the real property on which the work was done. (b) To obtain a lien against the property, the city must file a statement of expenses with the county clerk of the county in which the property is located. By adoption of this ordinance, the city council designates the city manager or that individual’s authorized representative to file the statement of expense on behalf of the city council. (c) The statement of expenses must contain: (1) The name of the property owner, if known; (2) The legal description of the property; and (3) The amount of expenses incurred under § 11A-93(h). (c) The lien is security for the expenditures made and interest accruing at the rate of 10% per annum on the amount due from the date of payment by the city. (d) The lien attaches to the property on the date on which the statement of expenses is filed in the real property records and is subordinate only to: (1) Any previously recorded lien; and (2) The rights of a purchaser or lender for value who acquires an interest in the property before the statement of expenses is filed. (e) A lien may not be filed against real estate protected by the homestead provisions of the Texas Constitution. (Ord. 12931, § 1, passed 3-25-1997; Ord. 18771-08-2009, § 4, passed 8-25-2009)

Fort Worth City Code § 11A-95 PENALTY.

§ 11A-95 PENALTY. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $500. Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. (Ord. 12931, § 1, passed 3-25-1997; Ord. 18771-08-2009, § 5, passed 8-25-2009)

Fort Worth City Code § 11A-96 through 11A-99 RESERVED.

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-40170Fetched: 10/26/2026