[Code 1962, § 16-9]
Every condition or activity in the City which is offensive or
prejudicial to the health or general welfare of the residents shall
be deemed to be a nuisance; and where not so specified by law or ordinance,
the Health Officer shall have the power and authority to determine
that an activity or condition constitutes a nuisance as defined in
this section.
[Code 1962, § 16-10]
When the Health Officer shall declare any condition or activity
in the City to be a nuisance, the City Manager is hereby vested with
authority to require the abatement of such nuisance. When necessary,
he shall cause to have instituted legal proceedings in the name of
the City for the abatement of such nuisance and for the recovery of
any expenses incurred by the City in abating the same.
[Code 1962, §§ 16-11, 16-12]
(a)
Whenever a nuisance is found by the Health Officer to exist on premises in the City, it shall be his duty to serve notice on the person who created the nuisance or, if such person cannot be ascertained, upon the owner or occupant, to cause such nuisance to be abated within 48 hours; and if he fails to do so, the same shall be abated by the City at the expense of such person, occupant or owner, as the case may be. When such premises are unoccupied, such notice shall be served upon the owner thereof, if a resident of the City, and if not, then upon the owner's agent in charge of the premises or upon the owner by publication as provided in Subsection (b) below.
(b)
If the owner of unoccupied land or premises as referred to in this
section is not a resident of the City, and has no agent in the City
upon whom such notice may be served, the notice required by this section
may be given by publication by posting in not less than two public
places within the City, and the cost of such publication, if any,
shall be collected as a part of the expense of effecting an abatement.
[Code 1962, § 16-13]
(a)
If a nuisance remains unabated after the expiration of the time specified in the notice referred to in § 18-3, the City Manager shall forthwith file, in duplicate, a written petition in the name of the City with the proper judicial officer, setting forth the determination of the Health Officer, the manner in which such notice has been served, the location of the nuisance and a statement that the person on whom the notice was served has failed or refused to comply with the provisions of the notice.
(b)
Such judicial officer shall issue a summons against the defendant
named in the petition to show cause why such nuisance should not be
abated, which summons and a copy of the petition shall be served on
the defendant requiring the defendant to appear before the court to
answer such summons and petition at the time indicated in the summons.
If, upon the hearing, the judicial officer shall order the nuisance
abated, he shall order the defendant to abate such nuisance within
such period of time as he may specify. If the defendant shall fail
or refuse to abate such nuisance in the time fixed by the judicial
officer, he shall be guilty of a misdemeanor, and the City Manager
shall abate such nuisance in the most practicable manner, and the
defendant shall be liable for the cost thereof.
[Added 11-9-2009]
As used in this article, the following terms shall have the
meanings indicated:
The unauthorized application by any means of any writing,
painting, drawing, etching, scratching or marking of an inscription,
word, figure or design of any type on any public or private building
or other real estate or personal property owned, operated or maintained
by a governmental entity or agency or instrumentality thereof or by
any private person, firm or corporation.
The existence of graffiti within the City limits in violation
of this article is expressly declared a public nuisance and is subject
to the removal and abatement procedures specified in this article.
(a)
It shall be unlawful for any person to deface or damage by application
of graffiti any public buildings, facilities or other property, or
any private buildings, facilities or other property.
(b)
Any person convicted of a violation of Subsection (a) shall be guilty of a Class 1 misdemeanor. Upon a finding of guilt in a case tried before the court without a jury where the violation constitutes a first offense, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceeding and place the defendant on probation pending completion of a plan of community service work. If the defendant completes the community service work as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him. Such discharge and dismissal procedure under this section shall be without adjudication of guilt and operates as a conviction only for the purposes of applying this article in subsequent proceedings. If the defendant fails or refuses to complete community service as ordered by the court, the court may make final disposition of the case as otherwise provided. Any fine imposed pursuant to conviction of a minor for violation of this section shall be assessed against the minor and such minor's parents or legal guardian.
(c)
Community service work prescribed by the court under Subsection (b) shall include, to the extent feasible, the repair, restoration, or replacement of any damage or defacement to property within the City, and may include cleanup, beautification, landscaping or other appropriate community service within the City.
(d)
Community service work prescribed by the court under Subsection (b) shall be performed under the supervision of the City Manager or his/her designee, who shall report on such work to the court imposing the community service work requirement at such times and in such manner as the court may direct.
(e)
At or before the time of sentencing under this section, the court
shall receive and consider any plan for making restitution or performing
community service submitted by the defendant.
(f)
No person convicted of a violation of this article 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 service, or both.
(a)
The City Manager or a designated representative of the City Manager
is authorized to undertake or contract for the removal or repair of
the defacement of any public building, wall, fence or other structure
by the application of graffiti.
(b)
The City Manager or a designated representative is also authorized
to undertake or contract for the removal or repair of the defacement
by graffiti of any private building, wall, fence or other structure
visible from any public right-of-way in accordance with the following
procedures:
(1)
Prior
to such entry and removal of graffiti from private property, the City
Manager or a designated representative shall issue to the property
owner, by regular mail sent to the last address listed for the owner
in City property assessment records, a notice which states: the street
address and legal description of the property; that the property has
been determined by the City to constitute a graffiti nuisance; that
the owner must take corrective action to abate the nuisance created
by such graffiti within 15 days of the date of notice; and that if
the graffiti is not removed within the fifteen-day period, the City
will begin removal procedures. The notice shall further advise the
owner of the right to challenge the City's determination and
proposed action by requesting a meeting with a designated City official
identified in the notice within 15 days of the date of the notice.
The City shall initiate no corrective actions while a request for
such a meeting or the outcome of such a meeting is pending. The determination
of the designated City official following the requested meeting shall
be final.
(c)
Where a structure defaced by graffiti is owned by a public entity
other than the City, the removal of the graffiti by the City is authorized
only after securing the consent of an authorized representative of
the public entity having jurisdiction over the structure.
(a)
If the City undertakes corrective action to remove graffiti from unoccupied private property after complying with the notice provisions of § 18-8, the total cost for such removal and related repairs shall be chargeable to and paid by the property owner of unoccupied private property and may be collected as a special assessment against the respective lot or parcel of land to which it is related in the manner in which City taxes and levies are collected.
(b)
Every charge authorized by this section with which the owner of any
such property has been assessed and which remains unpaid shall constitute
a lien against such property with the same priority as liens for unpaid
local taxes and enforceable in the same manner as such liens.
If the City Manager or his designee determines that any graffiti
is an immediate danger to public health, safety or welfare and is
unable to provide notice by personal service after at least two attempts
to do so, then 48 hours after the later of (1) mailing notice to the
property owner or other responsible party, and (2) posting notice
in a conspicuous place on the property, the City may remove or cause
the graffiti to be removed at its expense.
In the event graffiti is applied to any public property by a
minor who is living with either or both parents or a legal guardian,
the City 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 suffered by reason of the willful destruction of, or damage
to, public property by the minor. The action by the City shall be
subject to any limitation on the amount of recovery set forth in § 8.01-43
of the Code of Virginia or other applicable state law. Any recovery
action brought by an owner for damages to private property by reason
of graffiti shall be subject to the limitation set forth in § 8.01-44
of the Code of Virginia.
