Luc Lapointe says he considered the spray paint outside his restaurant artistic and inoffensive. (City of Ottawa)A downtown Ottawa business owner says the City of Ottawa removed spray-painted art from the outside of his restaurant and then sent him a bill for graffiti removal.

Luc Lapointe, owner of Hot Peppers Thai restaurant at Somerset and Lyon streets, said Wednesday that he wants the city to put the art back on the building and he will take legal action against the city if it doesn't drop an $800 fine that was added to his tax bill for not paying for graffiti cleanup.

The large, white, spray-painted bubble letters were on the wall when he bought the building three years ago, he said. He never removed them as he thought they were artistic and inoffensive.

"Our restaurant, we try to be expressive and be younger," he said.

But the spray paint was gone in July when he returned from a speaking tour in Mexico. A month later, he received a bill from the city. Lapointe said he's upset that no one at the city talked to him before removing the spray paint.

"At least we could have had the discussion — is this art? Is this graffiti?" he said. "For them to come and remove this from my building without my permission, without even taking the time to call me — I'm upset. I think it's unfair."

311 complaint

Luc Lapointe says he wants the city to put the painting back on his building and drop the fine against him. (CBC)Diane Holmes, the city councillor for Somerset Ward, said the city has a zero tolerance policy for graffiti downtown.

In the case of Lapointe's restaurant, inspectors visited after receiving a complaint through the city's 311 hotline.

If the inspectors determine the spray paint is graffiti, then a letter is sent to the property owner by registered mail, asking that it be removed.

"If it looked like art to our inspectors, I would think they'd have second thoughts about that," she added.

If the graffiti isn't removed, the city removes it and adds the bill for removal to the property owner's tax bill.

Lapointe said he did not receive the letter sent by the city.

Holmes said she is looking into a better notification system to ensure property owners do hear from the city before graffiti is removed.

Since receiving the bill, Lapointe has written to the city to ask about the charge, to demand that the city put the art back on the building and to ask for the copy of the letter that the city said it sent him. He has also sent the city photographs of graffiti on mailboxes and hydro stations, alleging business owners are being unfairly targeted.

Holmes said the city cannot enforce its graffiti bylaw on provincial and federal properties as they do not fall under the city's jurisdiction.