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City of Portland

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14B.80.030 Definitions.

For the purposes of this Chapter, the following definitions shall apply:

A.  Graffiti: Any unauthorized markings of paint, ink, chalk, dye or other similar substance which is visible from premises open to the public, and that have been placed upon any real or personal property such as buildings, fences, structures, or the unauthorized etching or scratching of such described surfaces where the markings are visible from premises open to the public, such as public rights of way or other publicly owned property.

B.  Manager: The Graffiti Abatement Manager is the City official, or  designated representative, who is responsible for the administration of the Graffiti Nuisance Abatement program under this Chapter.  In accordance with adopted procedures, the Manager may appoint such officers, employees and agents as shall be authorized and necessary to enforce the provisions of this Chapter.

C.  Graffiti Nuisance Property: Property upon which graffiti has been placed and such graffiti has been permitted to remain for more than ten (10) days after the property owner of record has been issued written notification pursuant to Section 14B.80.040 B.

D.  Occupant: Any person or sublessee, successor or assignee who has control over property.

E.  Owner: Any person, agent, firm or corporation having a legal or equitable interest in a property and includes but is not limited to:

1.  A mortgagor in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises; or

2.  An occupant who has control over the property/premises.

F.  Permit: Knowingly to suffer, allow, or acquiesce by any failure, refusal or neglect to abate.

G.  Property: Any real or personal property and that which is affixed incidental or appurtenant to real property but not limited to any premises, house, building, fence, structure or any separate part thereof, whether permanent or not.

H.  Unauthorized: Without the consent of the owner or the occupant.