§ 16-56. Graffiti prevention and removal.

(a)

Definition. "Defacement" shall mean the unauthorized application by any means of any writing, painting, drawing, etching, scratching or marking of an inscription, word, mark, figure or design of any type.

(b)

Graffiti declared a nuisance. Damage to or defacement of property within the county is expressly declared a public nuisance, and is subject to the removal and abatement procedures specified in this article.

(c)

Graffiti prohibited; criminal penalty; order of restitution.

(1)

It shall be unlawful for any person to willfully or maliciously damage or deface any public building, facility or personal property or any private building, facility or personal property. Any person convicted of a violation of this subsection shall be guilty of a Class 1 misdemeanor. The punishment for any such violation in which the defacement is (i) more than 20 feet off the ground, (ii) on a railroad or highway overpass, or (iii) committed for the benefit of, at the direction of, or in association with any criminal street gang, as that term is defined by Code of Virginia, § 18.2-46.1, shall include a mandatory minimum fine of $500.00.

(2)

Upon a finding of guilt in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work. If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings.

(3)

Any community service ordered by the court shall, to the extent feasible, include the repair, restoration or replacement of any damage or defacement to property within the county and may include cleanup, beautification, landscaping or other appropriate community service within the county. The chief of police or his designee shall supervise the performance of any community service work required and to report thereon to the court imposing such requirement. At or before the time of sentencing under the ordinance, the court shall receive and consider any plan for making restitution or performing community service submitted by defendant. The court shall also receive and consider the recommendations of the court's supervisor of community services concerning the plan.

(4)

The court may order any person convicted of unlawfully defacing any public building, wall, fence or other structure or any private building, wall, fence or other structure to pay full or partial restitution to the county for costs incurred by the county in removing or repairing the defacement. An order of restitution pursuant to this section shall be docketed as provided in Code of Virginia, § 8.01-446 when so ordered by the court or upon written request of the county and may be enforced by the county in the same manner as a judgment in a civil action.

(5)

Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community services, or both in accordance with Code of Virginia, § 19.2-305.1, as it may be amended from time to time.

(d)

Parental liability. In the event any public property is willfully or maliciously destroyed or damaged by a minor who is living with either or both parents or a legal guardian, the county may institute an action and recover from the parents of the minor, or either of them, or from the legal guardian the costs for damages. The action by the county shall be subject to any limitation of the amount of recovery set forth in Code of Virginia, § 8.01-43 or other applicable state law.

(e)

Removal of graffiti; notice.

(1)

The director of public works or his designee is authorized to undertake or contract for the removal or repair of the defacement of any public or private building, wall, fence or other structure on occupied property where such defacement is visible from any public right-of-way. Prior to such removal or repair, the director of public works or his designee shall issue to the property owner not less than seven days' notice that the property has been defaced; that the owner must remove or repair the defacement; and that if the defacement is not removed within the time period set forth in the notice, the county will remove or repair it.

(2)

The director of public works or his designee is authorized to undertake or contract for the removal or repair of the defacement of any public or private building, wall, fence or other structure on unoccupied property where such defacement is visible from any public right-of-way. Prior to such removal or repair, the director of public works or his designee shall issue to the property owner not less than 15 days' notice that the property has been defaced; that the owner must remove or repair the defacement; and that if the defacement is not removed or repaired within the time period set forth in the notice, the county will remove or repair it.

(3)

The director of public works or his designee is authorized to clean or cover the defacement of private buildings and facilities whether or not such defacement is visible from a public right-of-way. Prior to such cleaning or covering, the director of public works or his designee shall give notice to the owner and lessee, if any, of any private building or facility that has been defaced that, within 15 days of receipt of such notice, if the owner and lessee does not clean or cover the defacement or object to the removal of the defacement, the county may clean or cover the defacement at the county's expense.

(f)

How notice to be served.

(1)

Any notice required as set forth hereinabove shall be posted in a conspicuous place on the offending premises and sent by regular, or may be served by a special conservator of the peace.

(2)

In the event no owner can be found to direct the notice provided for in this subsection, the county may provide the required notice by publication in a newspaper having general circulation in the county.

(g)

Assessment of costs against property owner for removal of graffiti; lien. In addition to the foregoing, if defacement occurs on unoccupied property and is visible from the public right-of-way and the county, through its own agents or employees, removes or repairs the defacement after complying with the notice provisions of this section, the actual costs or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the county as taxes are collected. No lien shall be chargeable to the owners of such property unless the county shall have given a minimum of 15 days' notice to the property owner prior to the removal of the defacement.

Every charge authorized by this section with which the owner of any such property shall have been assessed and that remains unpaid shall constitute a lien against such property, ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Code of Virginia, Ch. 39, Tit. 58.1, Arts. 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.). The county may waive and release such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchase who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(h)

Other remedies. Nothing herein shall be deemed a limitation on the rights of the county to seek and enforce the removal or obscuration of graffiti by any other means or remedies available at law or equity.

(i)

Severability. If any part, subsection, or sentence of this section is for any reason determined by a court of law to be unconstitutional or invalid, such decision shall not affect the remaining portions of this section.

(j)

Immunity. Agents or employees that remove or repair defacement pursuant to this section shall have any and all immunity normally provided to an employee of the county.

(Ord. No. 08-72, 7-22-08; Ord. No. 09-42, 6-23-09; Ord. No. 17-39, Attch., 6-20-17, effective 7-1-17)

(Ord. No. 08-72, 7-22-08; Ord. No. 09-42, 6-23-09; Ord. No. 17-39, Attch., 6-20-17, effective 7-1-17)