A. Any locality may by ordinance undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure or any private building, wall, fence or other structure where such defacement is visible from any public right-of-way. The ordinance may provide that whenever the property owner, after reasonable notice, fails to remove or repair the defacement, the locality may have such defacement removed or repaired by its agents or employees. Such agents or employees shall have any and all immunity normally provided to an employee of the locality. For purposes of this section, the term "defacement" means the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, word, mark, figure, or design of any type.
If the defacement occurs on a public or private building, wall, fence, or other structure located on an unoccupied property, and the locality, through its own agents or employees, removes or repairs the defacement after complying with the notice provisions of this section, the actual cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the locality as taxes are collected. No lien shall be chargeable to the owners of such property unless the locality shall have given a minimum of 15 days notice to the property owner prior to the removal of the defacement.
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 a parity with liens for unpaid local real estate 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. A locality may waive and release such liens in order to facilitate the sale of the property. 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. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
B. The court may order any person convicted of unlawfully defacing property described in subsection A to pay full or partial restitution to the locality for costs incurred by the locality in removing or repairing the defacement if the locality has adopted an ordinance pursuant to this section.
C. An order of restitution 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 locality and may be enforced by the locality in the same manner as a judgment in a civil action.
1995, cc. 332, 667, § 15.1-11.2:2; 1997, cc. 587, 874; 2008, c. 582; 2009, cc. 319, 462, 475; 2017, cc. 118, 610.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 9 - General Powers of Local Governments
§ 15.2-900. Abatement or removal of nuisances by localities; recovery of costs
§ 15.2-901.1. Locality may provide for control of running bamboo; civil penalty
§ 15.2-902. Authority of locality to control certain noxious weeds
§ 15.2-906. Authority to require removal, repair, etc., of buildings and other structures
§ 15.2-910. Ordinance certifying boiler and pressure vessel operators; penalty
§ 15.2-911. Regulation of alarm company operators
§ 15.2-912. Regulation of tattoo parlors and body-piercing salons; definition; exception
§ 15.2-912.1. Regulation of martial arts instruction
§ 15.2-912.2. Proceeds exempt from local taxation
§ 15.2-912.3. Regulation of dance halls by counties, cities, and towns
§ 15.2-913. Ordinances regulating certain vendors
§ 15.2-914. Regulation of child-care services and facilities in cities and certain counties
§ 15.2-915. Control of firearms; applicability to authorities and local governmental agencies
§ 15.2-915.2. Regulation of transportation of a loaded rifle or shotgun
§ 15.2-915.4. Counties, cities and towns authorized to regulate use of pneumatic guns
§ 15.2-915.5. Disposition of firearms acquired by localities
§ 15.2-917. Applicability of local noise ordinances to certain sport shooting ranges
§ 15.2-918. Locality may prohibit or regulate use of air cannons
§ 15.2-920. Regulation of outdoor lighting near certain facilities
§ 15.2-921. Ordinances requiring fencing of swimming pools
§ 15.2-922. Smoke alarms in certain buildings
§ 15.2-922.1. Regulating or prohibiting the making of fires
§ 15.2-922.2. Special fee for emergency services in certain counties
§ 15.2-923. Local water-saving ordinances
§ 15.2-924. Water supply emergency ordinances
§ 15.2-925.1. Local notifications
§ 15.2-926. Prohibiting loitering; frequenting amusements and curfew for minors; penalty
§ 15.2-926.1. Bounties for coyotes
§ 15.2-926.2. Adoption of ordinances prohibiting obscenity
§ 15.2-926.3. Local regulation of certain aircraft
§ 15.2-926.4. Regulation of smoking in outdoor amphitheater or concert venue; civil penalty
§ 15.2-927. Garbage and refuse disposal
§ 15.2-928. Local recycling and waste disposal; powers; penalties
§ 15.2-929. Solid waste management facility siting approval
§ 15.2-934. Displacement of private waste companies
§ 15.2-935. Authority to prohibit placement of leaves or grass clippings in landfills
§ 15.2-936. Garbage and refuse disposal; fee exemption
§ 15.2-937. Separation of solid waste
§ 15.2-938. Preference for purchase of recycled paper and paper products
§ 15.2-939. Ordinances requiring recycling reports
§ 15.2-940. Expenditures for promoting resources and advantages of locality
§ 15.2-941. Participation by local government in certain loan programs
§ 15.2-941.1. Creation of abandoned school revitalization zones
§ 15.2-942. Local government participation in certain events
§ 15.2-943. Operation and maintenance of living historical farm museums
§ 15.2-943.1. Creation of arts and cultural districts
§ 15.2-944. Authority to acquire and preserve places and things of historical interest
§ 15.2-944.1. Notification prior to sale or transfer of ownership of certain historic properties
§ 15.2-945. Acquisition and housing of relics, paintings, carvings, sculpture and other works of art
§ 15.2-946. Regulation of tour guides and tourist guides
§ 15.2-947. Systems of public transportation for certain counties or cities
§ 15.2-948. Locality may designate continuing source of revenue for mass transit
§ 15.2-949. Shared ride taxi systems, etc.; nonprofit vanpools
§ 15.2-951. Acquisition, disposition and use of personal property by localities generally
§ 15.2-952. Political subdivisions may acquire property from United States
§ 15.2-954. Loans to volunteer firefighting and rescue organizations
§ 15.2-956. Participation in certain federal development programs
§ 15.2-957. Participation by localities in certain leasing programs
§ 15.2-958.1. Sale of certain property in certain cities
§ 15.2-958.2. Grants for homeownership; workforce housing
§ 15.2-958.2:01. Grants for certain corporations and pass-through entities
§ 15.2-958.3. Commercial Property Assessed Clean Energy (C-PACE) financing programs
§ 15.2-958.3:1. Local green banks
§ 15.2-958.4. Waiver of certain fees for affordable housing
§ 15.2-958.5. Local funding for community revitalization
§ 15.2-958.6. Financing the repair of failed septic systems
§ 15.2-960. Planting of trees destroyed during construction
§ 15.2-961. Replacement of trees during development process in certain localities
§ 15.2-961.2. Conservation of trees; notice of infill lot grading plan
§ 15.2-961.3. Replacement of trees during development process in localities
§ 15.2-962. Authority to require a unified geographic information system for a locality
§ 15.2-963. Local offices of consumer affairs; establishment; powers and duties
§ 15.2-965. Human rights ordinances and commissions
§ 15.2-965.1. Participation of small, women-owned, and minority-owned businesses
§ 15.2-965.2. Enhancement of micro-business participation in local procurement
§ 15.2-966. Establishment and operation of educational television stations
§ 15.2-966.1. Establishment of primary health care facility for employees of locality
§ 15.2-967. Parking facilities
§ 15.2-967.1. Regulation of certain transportation services
§ 15.2-967.2. Electric vehicle charging stations
§ 15.2-968. Regulation of parking of vehicles within boundaries of state-supported institutions
§ 15.2-968.01. Parking in certain residential areas
§ 15.2-968.1. Use of photo-monitoring systems to enforce traffic light signals
§ 15.2-969. Ordinances prohibiting resale of tickets to certain public events; penalty
§ 15.2-970. Construction of dams, levees, seawalls, etc.; certain proceedings prohibited
§ 15.2-971. Armories and markets; assistance to National Guard
§ 15.2-972. Appropriations for the upkeep of certain cemeteries
§ 15.2-973. Ordinances imposing license taxes on owners of certain motor vehicles
§ 15.2-974. Permits for display of fireworks; use and exhibitions
§ 15.2-975. Use of cash proffers
§ 15.2-977. Green Roof Incentive Programs
§ 15.2-979. Notice of sale under deed of trust
§ 15.2-980. Civil penalties for violations of noise ordinances
§ 15.2-981. Authority to sell dogs trained for police work
§ 15.2-982. Designation of tourism activity zones
§ 15.2-983. Creation of registry for short-term rental of property
§ 15.2-984. Adoption of flood plain ordinances
§ 15.2-985. Disposition of abandoned shopping carts; unauthorized possession; penalties