[Amended 9-27-2011 by Ord. No. 235-2011]
A.
An action may be brought by the County to recover
civil damages incurred by the County as a result of an act of graffiti,
including but not limited to the consequential damages, punitive damages
and attorney fees and costs.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
Parental liability.
(1)
It is also the intent of the Board to hold parents
accountable for the malicious and/or willful damage caused by graffiti
applied by their minor children, consistent with NMSA § 32A-2-27,
and as may be amended.
(2)
In an effort to ensure fairness to parents who may
be unaware of their children's activities, the Board hereby mandates
that no civil action authorized by this section shall be brought against
a parent, unless the Sheriff or designated GAO has previously sent
a notice by first class U.S. postal service, postage prepaid, to the
parent advising that his/her child has been found to be involved in
one of the activities prohibited in this chapter, and further advising
that a second or subsequent violation will be cause for the County
to seek civil damages for property damage caused by his/her child
committing an act of graffiti vandalism. In lieu of sending the warning
notice by first class mall, the Sheriff or designated GAO may meet
with the parent in person, hand-deliver the warning letter, and document
that the in-person visit and hand-delivery occurred.
[Amended 9-27-2011 by Ord. No. 235-2011]
A.
The Board recognizes that in addition to the enforcement
procedures and the administrative graffiti abatement program authorized
by this chapter to be implemented by County officials, private parties
injured by graffiti may also file criminal prosecutions in Magistrate
Court (See SCRA 1986, Rule 6-108.) and/or may file civil actions seeking
to recover damages caused by a graffitist.
B.
The County is hereby authorized to enter into agreements
with victims of graffiti, assigning their right of action against
a defendant to the County in order to expedite the removal of graffiti,
while preserving the civil action against the wrongdoer.
C.
The Board contemplates that either the private party
subjected to graffiti or the County will abate the graffiti, and in
no event does this chapter authorize a double recovery of damages.
