15.2-908 - Authority of localities to remove or repair the defacement of buildings, walls, fences and other structures.
§ 15.2-908. Authority of localities to remove or repair the defacement ofbuildings, walls, fences and other structures.
A. Any locality may by ordinance undertake or contract for the removal orrepair of the defacement of any public building, wall, fence or otherstructure or any private building, wall, fence or other structure where suchdefacement is visible from any public right-of-way. The ordinance may providethat whenever the property owner, after reasonable notice, fails to remove orrepair the defacement, the locality may have such defacement removed orrepaired by its agents or employees. Such agents or employees shall have anyand all immunity normally provided to an employee of the locality. Forpurposes of this section, the term "defacement" means the unauthorizedapplication by any means of any writing, painting, drawing, etching,scratching, or marking of an inscription, word, mark, figure, or design ofany type.
If the defacement occurs on a public or private building, wall, fence, orother structure located on an unoccupied property, and the locality, throughits own agents or employees, removes or repairs the defacement aftercomplying with the notice provisions of this section, the actual cost orexpenses thereof shall be chargeable to and paid by the owners of suchproperty and may be collected by the locality as taxes are collected. No lienshall be chargeable to the owners of such property unless the locality shallhave given a minimum of 15 days notice to the property owner prior to theremoval of the defacement.
Every charge authorized by this section with which the owner of any suchproperty shall have been assessed and that remains unpaid shall constitute alien against such property, ranking on a parity with liens for unpaid localtaxes 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. Alocality may waive and release such liens in order to facilitate the sale ofthe property. Such liens may be waived only as to a purchaser who isunrelated by blood or marriage to the owner and who has no businessassociation with the owner. All such liens shall remain a personal obligationof the owner of the property at the time the liens were imposed.
B. The court may order any person convicted of unlawfully defacing propertydescribed in subsection A to pay full or partial restitution to the localityfor costs incurred by the locality in removing or repairing the defacement ifthe locality has adopted an ordinance pursuant to this section.
C. An order of restitution pursuant to this section shall be docketed asprovided in § 8.01-446 when so ordered by the court or upon written requestof the locality and may be enforced by the locality in the same manner as ajudgment 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.)