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HomeMy Public PortalAbout2009_10_14_O017 - Graffiti Code AmendmentI itt> l'r>zt~a: ~7f .~ C)12D1~SA3~iC1; 7VC}. 2049-(}-417 PI2E;SI:N"l'E?f): (}etober l~l :2449 Al}C}I?`I'ED: C}ctobei l~l ?C109 fyN f?I2DINt1NCEs ANII/ND1NC'3 CI~t1P`fl:l~ 2~1(OI'FI;NSES t1Ni~ MI5CLI.LAIviL:(~IIS }'R(1V1`iit}NS), Alt`l'ICLL III {C}1~1~11NSPS A~t11N5`I' F'lZC}PEI~"I'Y) flF `flit: LEF.SRUItG "fC}Wlti t"(}DE "fC}>A17D t1ly~ I~DDITi{}~1r~L S1;CTIC}N RFGl11tDING (aIZAFFI`I'l l'lZI~.F>NTIC}N AND Rl:N1C}VAL 1'lie Town Cauticil ofheesbnrg; G'it•giuia, Qt'daia~sr ~Si;~Tit}lV i. That the following sections be added to Cha}itei• 2~} {C}fi'etises find NliSCellaiieons Provisions} of the Town Code of the To~i•n of Leesfiiirg, ~Tirgina; 2t749, as aniended,'Ue and the same is hereby ametaded to aead as'fcillow=s: sec: 2~-t s, Gxaffitiprevetttion anil tfemb~hl. {a} l~ehtiitiin. "I7efac~nyent" shall .mean the tinauthor•zed _~plication by ani means of air}' tivritin ~, painting; ch•ais=ing, ek~hhlg, eratchin~ oi• aiiarkiis~ df an iirscrption, tin~i~rd, maik, tiattre of design t~f attk type, (li} (iral'fiti declared a ntaisance 1}amaze to oi_defaceiuent of property tie-ithin the to~~~n is eriii~esslu declared auublic niiisanee, aid is sctblect to tk}e removal and aii~tenient_Uroeedtue~ slectfic~3 iti this article: {c} Citaffiti al tolfilaitECt critiainal penalty {l} Tt shall be ttntaw~ul_foe any petsonttia~itllitll~~ of tnaliciattslt damage or defaceatty ~bltc_,btiiditigs, faeilif~personal pi_op~r~ oi• anv~ii'ivate bttildtn~s, facilit r or personal lirf~i~erty= t1~~ perstiii convicted of a s~iolation caf_this siibsectinti shall be guilt}- of it {'lass l iiiisdetneattor. "I'he_punishmetit for ati~~sttch viatation to Ny$ich thecEefaaement is (i) iii©re than 24 feet off thc~oulicl, {ii) on tt raihottd or lii~hGtiati ovci;Pass, o1_~i committed f'or the. benefit PaQrdutnn:zsl2(lU4Vt Oiq ~ra~ti'Qr'mao:c t(1ct I-720D9)(2)counci3a~9ienilltiav If}115109 - 2- AN ORDINANCE: AMENDING CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY) OF THE LEESBURG TOWN CODE TO ADD AN ADDITIONAL SECTION REGARDING GRAFFITI PREVENTION AND REMOVAL of at the direction of or in association with any criminal street gang, as that term is defined by Code of Vir tg•nia § 18.2-46.1, shall include a mandatot•y minimum fine of $500.00. (2) The court m~ order any person convicted of unlawfidly defacing anv public building wall fence or other structure or any private building, wall, fence or other structure to may fitll or partial restitution to the town for costs incurred by the town in removing or repairing the defacement An order of t•estihrtion pursuant to this section shall be docketed as provided in § 8 01-446 when so ordered by the court or upon written request of the town and may be enforced by the town in the same manner as a judgment in a civil action. (d) Removal of gt•affiti; notice. (I) The director of public works or his designee is authorized to undertake or contract for the removal or repair of the defacement of anv public or private building, wall, fence or other structure on occupied pt•opet•ty where such defacement is visible from anypublic tight-of-way Prior to such removal or r~air the director of public works or his designee shall issue to the property owner not less than seven L) days notice that the propety 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 town will remove or repair it. (2) The director of public works or his designee is also authorized to undertake or contract for the removal or repair of the defacement of anv public or private buildng,_wall, fence ot• other structure on unoccupied property where such defacement is visible from anypublic right-of-way Prior to such removal or repair the director of public works or his designee shall issue to the properri~ owner not less than fifteen (15) days notice that the_pioperty has been N:\Ordinances~2009\1014 Graaiti Ordinance (Oct 14 2009) (2) council amend.doc 10/16/09 - 3- AN ORDINANCE: AMENDING CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTI~ OF THE LEESBURG TOWN CODE TO ADD AN ADDITIONAL SECTION REGARDING GRAFFITI PREVENTION AND REMOVAL 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 town 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 the public right-of-way Prior to such cleani~ 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 fifteen 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 town may clean or cover the defacement at the town'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 offendingpremises and sent by regular mail, or may be served by any other legal process. (2) In the event no owner can be found to direct the notice provided for in this subsection the town m~ provide the required notice bypublication in a newspaper havinggeneral circulation in the county. (g) Assessment of costs against property owner for removal of ~affiti• lien. In addition to the forgoing if defacement occurs on unoccupied property and is visible from the public right-of way and the town tlu•ou hits own agents or employees removes or repairs the defacement after complying with the notice provisions of this section the actual costs or• expenses thereof may be P:\Ordinances12009\1014 Grallili Ordinance (Oct 14 2009) (2) council amend.dne I0/16!09 - 4- AN ORDINANCE: AMENDING CHAPTER 24 (OFFENSES AND MISCELLANEOUS PROVISIONS), ARTICLE III (OFFENSES AGAINST PROPERTY) OF THE LEESBURG TOWN CODE TO ADD AN ADDITIONAL SECTION REGARDING GRAFFITI PREVENTION AND REMOVAL chargeable to and ~d by the owners of suchproperty and may be collected as town taxes are collected. No lien shall be chargeable to the owners of such property unless the town shall have given a minimum of fifteen (15) days notice to the property owner prior to the removal of the defacement The Town Manager shall have the discretion as to how and when any char eg s are assessed or collected from the propertv owner. 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 parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§58 1-3965 et seq.) of Chapter 39 of Title 58.1. The town may waive and release such liens in order to facilitate the sale of the propertv. All such liens shall remain a persona( obligation of the owner of the propertv at the time the liens were imposed. (h) Other remedies Nothing herein shall be deemed a limitation on the rights of the town to seek and enforce the removal or• obscuration of graffiti b~any other means or remedies available at law or equity. (i) Severability If anxpart 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. SECTION II. Including the changes referenced above, Chapter 24, Article III of the Leesburg Town Code is reordained and amended. SECTION III. All prior ordinances in conflict herewith are hereby repealed. P:\Ordinances~2009\1014 Graffiti Ordinance (Oct i4 2009) (2) council amend.doc 10/16/09 . ~_ r~N dRL?INAh€CE; AIvIF,Ni}INCi dIIt1}'`fI/12?~k (dPPIvi~ISES AN1~ Pv1I5LELLANli(JUS PRdVISt}N5), ART'ICI,E III (C7IaFI~NSES AGAINST 1'iZdl'EI2"PY} dI? TIIE LEI;SI3UR{ Td~tFN CdI7E'T'd AUI) AN ADDiTi{~N.4L 5EC"fI(~N REGARDING GRAII?I"I'I PRLVIII~"I'iC7t~'t1ItiL7 RFMOVAI~ SI:CTI(~i I};', Severability. tI'a court ofcomPete€5tjurisdietion decil~ies auy Pi~ovisc?n of this ordinE~nce im~atid, the deeision sha{i not t2ffeCt the va3ldity of the ordi~ianee ~s a ~~-{~o1e ar a€iy t'arnait~iir~ Provisions oftheLeesbttr~ Town Cade, ;~ECTTtII~,' V. This cirdiiai€nce sl~ai( he in effect uP€in its ~~ssage. FASSIII7 this lath dray of October-, 2(}~9 I~€ rstan C, IJnastattd, ,ilia}'or Town of Leest~tlrg C1eik Pt1C}rd~na~~fest2t~69110i~Cii atfiCiEJrdinauee ({}4€ €a 2t1Q91~'2J cow~cilanietid:d©c I9f ib7~9