After an anonymous complaint from a citizen, Restaurante Michoacan, a family mexican restaurant on 15th Avenue Northwest, will have to paint over the happy face next to its sign, leaving the owners and some community members upset.

“It’s been a part of the building before the owners of Michoacan, (8311 15th Ave. N.W.), moved in,” Rudy McCoy-Pantoja, manger of the Ballard/Fremont Clean Streets Program said. “We had graffiti here yesterday (on the mural) and we took it off.”

Michoacan received a call from Seattle Public Utilities and were told to paint over the happy face by Aug. 1, or they would be fined $75 a day until it was painted over, McCoy-Pantoja said, who often helps the owners of Michoacan communicate in English.

“It’s the dumbest thing,” he said. “ We have people dropping litter, shooting people, breaking into houses, stealing cars and we got a happy face at a mexican restaurant to try and make people happy.”

The Silva family took over the building, which was formerly Pepe’s Mexican Restaurant. The owners of that restaurant originally painted the happy face. McCoy-Pantoja said Michoacan has been there for almost 10 years with the drawing.

“It’s mean spirited,” Bobbi Polzine, a 12-year resident of Ballard and frequent customer of the Ballard mexican restaurant said. “How can they overlook their beautiful murals and only see that.”

The Seattle Public Utilities Graffiti Nuisance Ordinance requires owners to remove graffiti in a timely manner if and when it is reported. The ordinance was adopted in 1994 to encourage the rapid cleanup of graffiti and to prevent its spread throughout the community.

“If it’s public property we have a team of graffiti painters clean it up, but if it’s private property (i.e. Michoacan) we send them a letter to clean up the citizen’s complaint,” Andy Ryan of Seattle Public Utilities said.

The Graffiti Nuisance Ordinance deals with citizens complaints through the following four steps.

First, when a property has been identified as a potential graffiti nuisance, Public Utilities sends an informational letter to the property owner. It requests that the property owner remove the graffiti within a reasonable amount of time (10 days after receiving the letter.) If not, they will be subject to potential fines.

Second, If the graffiti is not removed within the specified time, the property is declared a graffiti nuisance. The property owner is served an official notice and the notice must also be posted on the property. The graffiti must be removed within 10 days after the notice.

Third, if the graffiti is still not removed 10 days after the notice, the responsible party is served a notice of civil violation and will have to appear before the city’s Hearing Examiner.

The hearing must be held between 10 to 30 days from when the notice was issued. However, if the graffiti is removed 48 hours prior to the hearing, the hearing will be canceled and no monetary penalty will be assessed.

Lastly, the Hearing Examiner will assess monetary penalties of up to $100 per day with a maximum of $5,000 beginning 10 days after the official notice if the graffiti is not removed.

Even though they are unhappy with the city’s decision, McCoy-Pantoja said the restaurant owners will be cooperating with the city and are planning to paint over the happy face on Aug. 1, as ordered.

“It was a part of the original building and it’s just not fair,” Jose Silva Jr., son of Michoacan owner Jose Silva Sr. said.