It is the intent of the Board to facilitate a County and/or interjurisdictional program, process or other procedure designed to ensure the prompt removal of graffiti from structures, particularly those structures visible from, or adjacent to, public rights-of-way within the unincorporated areas of Doña Ana County. The Board of County Commissioners intends, through the adoption of this chapter, to provide a local enforcement tool, in addition to and consistent with New Mexico state law, as well as to provide corresponding financial and staff resources, in order to protect public and private property from acts of graffiti vandalism.
A. 
In addition to any criminal or civil enforcement of this chapter against the violator, the County Sheriff, with the approval of the County Manager, shall establish and implement an in-house graffiti abatement program with County personnel and resources, as well as utilize partnerships with other governmental entities, available grants and volunteer programs.
B. 
The Sheriff and County Manager shall coordinate the in-house graffiti abatement program with the Community Development, Public Works and Infrastructure: General Services, Environmental, Finance, Public Information and Special Projects, Purchasing and Legal Departments, in order to most efficiently accomplish graffiti abatement.
[Amended 9-27-2011 by Ord. No. 235-2011]
C. 
The graffiti abatement program authorized herein may include but is not limited to dissemination of public information where residents may obtain free graffiti abatement materials; provision of a reward program for graffiti abatement efforts; coordination with the courts concerning possible use of juvenile and adult offenders to remove or paint over graffiti; recommendation to the Board of County Commissioners about possible changes to state law regarding control of graffiti; development of methods by which property owners give Doña Ana County authority to enter property to remove or paint over graffiti; and development of procedures to determine, document and eventually recover pecuniary loss incurred as a result of graffiti vandalism.
A. 
Incidents of graffiti and complaints alleging violations of this chapter may be reported locally by phone to (575) 525-1911, or from an outside area to 1-888-827-7200, or reported in person or by mail to the Sheriff's Department located at 845 North Motel Boulevard, Las Cruces, New Mexico 88007. It is preferable but not required that the person reporting a graffiti incident provide his name, address and phone number, to facilitate the County's investigation and potential prosecution under this chapter. The County shall take action to abate graffiti regardless of the source of the complaint.
B. 
A form, which may be electronic, shall be developed to facilitate the hotline intake regarding each reported instance of graffiti, to include name, address and phone number of the caller, if given; location of reported graffiti and general description; date when first noticed by caller; and identification of any physical evidence visible at the graffiti site.
C. 
The information received via the hotline shall be forwarded to the Codes Enforcement Division of the Sheriff's Department.
A. 
The Codes Enforcement Division shall dispatch a deputy to the scene to gather/preserve evidence available about the perpetrator of the graffiti.
B. 
Once any physical evidence at the graffiti site is preserved, the County Codes Enforcement Officer shall contact the Director of the Public Works Department, who shall schedule an assessment of the damage caused by the graffiti and provide an itemized estimate for the repairs needed to remove or paint over or otherwise remedy the damage caused by the graffiti vandalism.
[Amended 9-27-2011 by Ord. No. 235-2011]
C. 
Whenever a deputy or authorized Graffiti Abatement Officer has probable cause to believe that a person has violated the provisions of this chapter, he may prepare a criminal complaint to be filed with the appropriate court or prepare a citation for the alleged violator to appear in court.
D. 
The Sheriff's Department or any other department working with the Sheriff's Department is hereby authorized to develop a consent and release of liability forms, to be approved by the County Attorney, and to accept same from owners giving consent to enter property and abate graffiti.
E. 
As soon as practicable after receipt of a written consent form approved by the County Attorney from the owner, the County work crew or other agent shall remove, paint over or otherwise repair the graffiti damage.
F. 
The County shall determine and document its actual cost of labor and materials incurred in the graffiti abatement process.
G. 
If the owner does not consent to the County's entry for graffiti abatement purposes, the County shall not enter the property except pursuant to a valid warrant, quasi-judicial findings and order of the Board, or other court order.
H. 
The Sheriff, with the approval of the County Manager, and consistent with the requirements of the Finance and Purchasing Departments, may accept donations given for graffiti removal purposes, including cash, paint and paint removal supplies and equipment.