                                 CODE OF VIRGINIA

AUTHORITY OF LOCALITIES TO REMOVE OR REPAIR THE DEFACEMENT OF BUILDINGS, WALLS,
FENCES AND OTHER STRUCTURES (§ 15.2-908)

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 &#8220;defacement&#8221; 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 (&#xA7; 58.1-3940
et seq.) and 4 (&#xA7; 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 &#xA7; 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.

HISTORY: 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.