HomeMy WebLinkAbout2020-06Ordinance 2020-06
Ordinance Amending Chapter 18 of the Code of Ordinances
to Add Provisions Prohibiting Graffiti in the Town of Pulaski
ADOPTED: September 1, 2020
EFFECTIVE: September 1, 2020
Ordinance 2020-06
Ordinance Amending Chapter 18 of the Code of Ordinances
to Add Provisions Prohibiting Graffiti in the Town of Pulaski
WHEREAS, the Town Council has determined that graffiti constitutes a nuisance and detracts
from the appearance of the Town, as well as damaging both public and private property; and,
WHEREAS, the Town Council, acting upon the advice and counsel of the Administration has
determined that the Town Code should be amended to prohibit and impose penalties for the
application of graffiti to structures within the corporate limits of the Town of Pulaski;
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski, Virginia
sitting in regular session this1st day of September 2020, that Chapter 18 "Buildings and
Building Regulations" of the Code of Ordinances, Town of Pulaski, Virginia shall be amended
to include "Article V—Graffiti" as shown in Attachment A -Ordinance 2020-06 affixed here to
and expressly made part of this ordinance as if set forth herein.
This ordinance is effective upon adoption and is hereby adopted this 1st day of September
2020 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Lane R. Penn
Brooks R. Dawson
Gregory C. East
ATTEST:
David N. Quesenberry
Clerk of Council
-Aye James A. Radcliffe -Aye
-Aye G. Tyler Clontz -Aye
-Aye Michael P. Reis -Aye
THE TOWN OF PULASKI, VIRGINIA
BY:
W. Shannon Collins
Mayor
Attachment A -Ordinance 2020-06
Chapter 18- BUILDINGS AND BUILDING REGULATIONS
ARTICLE V. - GRAFFITI
Sec. 18-130. - Purpose and intent.
It is the purpose and intent of this chapter to provide a procedure for removal of graffiti
from walls and structures on both public and privately owned property in order to
reduce blight and deterioration within the Town, to protect public safety, and to provide
for the recovery of costs of such removal.
Sec. 18-131. - Definitions.
The following terms, as used in this chapter, shall have the meanings set forth below:
(a) Town manager shall mean the Town of Pulaski Manager, or designee.
(b) Graffiti shall mean writings, drawings, inscriptions, figures or marks of
paint, ink, chisel, chalk, dye and other similar substance, or flyers, bills
and similar materials, which have been placed on public or private
property.
(c) 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.
(d) Placement of graffiti shall include any form or act of drawing, painting,
scrawling, writing, marking, inscribing, scratching, gluing, posting or
otherwise affixing graffiti to public or private property.
(e) Public or private property shall mean the exterior surface of any building,
or any street, alley, sidewalk, or other vehicular or pedestrian right-of-
way, or any article of street furniture, utility or public service equipment,
or other personal property located outdoors, whether owned by a public
entity or by a private person or entity, and visible from any public right-of-
way.
Sec. 18-132. - Graffiti nuisance prohibited.
(a) Defacement, or the placement of graffiti on any public or private property
is declared to be a public nuisance and is prohibited.
(b) The failure of any property owner, manager or occupant of public or
private property to remove or effectively obscure graffiti which has been
placed upon property under such person's ownership or control, within
15 days after the service of notice as provided in this chapter, is declared
to be a public nuisance and is prohibited.
Sec. 18-133. -Abatement of graffiti nuisance.
(a) Notice and opportunity to abate. Whenever the town manager becomes
aware of the existence of graffiti on any public or private property, the
town manager shall give, or cause to be given, written notice to remove
or effectively obscure such graffiti to the owner, manager, lessee, or
occupant of the property. Such notice may be served by personal service
or certified mail, and shall be complete upon delivery or mailing. Such
notice shall direct the recipient to remove or effectively obscure such
graffiti within 15 days of the date of the notice, or to grant the town
written permission to enter upon the property and remove or effectively
obscure such graffiti, and shall inform the recipient that, in the event of
failure to comply, the town may enter upon the property and remove or
effectively obscure such graffiti, in the manner provided in this chapter.
Prior to the issuance of a notice under this section, the town manager
shall contact the owner, manager, lessee, or occupant of the affected
property and attempt to obtain the commitment of such person to remove
the graffiti within a reasonable period of time.
(b) Abatement by the town. If the owner, manager, lessee, or occupant of
the property upon which graffiti has been placed fails to remove or
effectively obscure the graffiti, or to grant the town written permission to
enter upon the property and remove or effectively obscure such graffiti,
within 15 days from service of the notice described in subsection (a), the
town manager, or his or her designee, may enter upon the property and
remove or effectively obscure the graffiti.
(c) Waiver of liability. The failure of the recipient of a notice given pursuant
to subsection (a) to comply with the notice by removing or effectively
obscuring such graffiti within 15 days shall be deemed a waiver of any
claim by or on behalf of the notice recipient or, if different, the owner of
the property, against the Town of Pulaski for damage to the property
arising out of the work of removing or obscuring the graffiti.
Sec. 18-134. - Unpaid charges.
Every charge authorized by this article 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 taxes and enforceable in the
same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et
seq.
Sec. 18-135. - Order of restitution.
An order of restitution pursuant to this article shall be docketed as provided in Code of
Virginia, § 8.01-446 when so ordered by the court or upon written request of the town
and may be enforced in the same manner as a judgment in a civil action.
I, David N. Quesenberry, Clerk of the Council, of the Town of Pulaski Virginia, do
hereby certify that the forgoing Ordinance 2020-06, "Ordinance Amending Chapter 18 of
the Code of Ordinances to Add Provisions Prohibiting Graffiti in the Town of Pulaski" is
a true and correct copy of the Ordinance set out and adopted by the recorded vote of
the Town Council of Pulaski, Virginia on September 1, 2020.
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David N. Quesenber
Clerk of Council