(1) This section
applies to graffiti that is —
(a)
applied to property with the consent of the owner or occupier; and
(b)
visible from a public place; and
(c)
considered by the local government to be unsightly or offensive.
(2) A local government
may give a notice in writing to a person who is the owner of property or the
occupier of a place on which graffiti described in subsection (1) is applied,
requiring the person to ensure that the graffiti is obliterated in a manner
acceptable to the local government within a time set out in the notice.
(3) If the notice is
given to an occupier of land who is not the owner of the property, the owner
is to be informed in writing that the notice was given.
(4) A person who is
given a notice under subsection (2) is not prevented from complying with it
because of the terms on which the land is occupied.
(5) A person who fails
to comply with a notice under subsection (2), without a reasonable excuse,
commits an offence.
Penalty:
(a) a
fine of $5 000;
(b) a
further fine of $500 in respect of each day or part of a day during which the
offence continues.