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 Richmond
 Code of Ordinances
 Chapter 11. ENVIRONMENT
 Article V. GRAFFITI CONTROL

  § 11-135. Authority for City to remove or repair defacement of buildings, walls, fences and other structures.  

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  • (a)

    The Chief Administrative Officer is authorized to undertake or contract for the removal or repair of the defacement, by or through the application of graffiti, of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such graffiti is visible from any public right-of-way.

    (b)

    Prior to such removal, the Chief Administrative Officer shall provide the property owner with 30 days' notice by at least first class mail, together with such other means as may be legally required, of the Chief Administrative Officer's intent to undertake or contract for the removal or repair of the defacement and shall simultaneously with such notice seek the written permission of the property owner. Should the property owner fail to provide such permission or remove or repair the defacement within 30 days of the date of the notice, the Chief Administrative Officer may have such defacement removed or repaired by agents or employees of the City. Such agents or employees shall have any and all immunity normally provided to an employee of the City.

    (c)

    The removal or repair work may be undertaken by volunteers or individuals required to perform community service by order of any court, under appropriate City supervision. If the defacement occurs on a public or private building, wall, fence or other structure located on unoccupied property, and the City, through its own agents or employees, removes or repairs the defacement after complying with the notice provisions of this section, the actual cost or expense thereof shall be chargeable to and paid by the owners of such property and may be collected by the City as taxes are collected. Any charge authorized by this section with which the owner of 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 taxes and enforceable in the same manner as provided in Code of Virginia, title 58.1, ch. 39, arts. 3 (Code of Virginia, § 58.1-3940 et seq.) and 4 (Code of Virginia, § 58.1-3965 et seq.). The Chief Administrative Officer may waive and release such liens in order to facilitate the sale of the property, provided that no waiver or release of such a lien shall be deemed to be a waiver of the personal obligation of the property owner at the time the lien was imposed. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. No lien shall be chargeable to the owners of such property unless the City shall have given a minimum of 15 days notice to the property owner prior to the removal of the defacement.

    (Code 1993, § 19-73; Code 2004, § 38-194; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2011-145-146, § 1, 7-25-2011)

(Code 1993, § 19-73; Code 2004, § 38-194; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2011-145-146, § 1, 7-25-2011)