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19961029 1996-15ORDINANCE NO. 1996-15 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, BY ADDING THERETO A NEW ARTICLE IV ENTITLED REMOVAL OR REPAIR OF DEFACEMENT, INCLUDING GRAFFITI, ON PUBLIC AND PRIVATE PROPERTY 1. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 14 of the Code of the City of Fairfax, is hereby amended by adding thereto a new Article IV to provide in its entirety as follows: ARTICLE IV. REMOVAL OR REPAIR OF DEFACEMENT, INCLUDING GRAFFITI ON PUBLIC AND PRIVATE PROPERTY Sec. 14-50. Purpose and intent. It is the purpose and intent of this article to provide a procedure for removal or repair of defacement, including graffiti, from public and private property to protect the public health, safety, and welfare and to reduce blight and the deterioration of property within the city. Sec. 14-51. Definitions. For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section: (a) City Manager. designee. The City of Fairfax manager, or his (b) Defacement. Spoiling the appearance, disfiguring, marring, or making illegible by injuring the surface of public or private property. Defacement includes the placement of graffiti on such property. (c) Graffiti. Writings, drawings, inscriptions, words, figures, designs, or marks of paint, ink, chisel, chalk, dye and other similar substance, or flyers, bills and similar materials, which have been marked, etched, swatched, drawn, painted, pasted, affixed to, or placed on public or private property without the permission of the property owner. (d) Placement of graffiti. 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. The exterior surface of any building, wall, fence, structure, 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. 14-52. Failure to remove or repair defacement of property declared to be a public nuisance. The failure of any owner of public or private property to remove or repair defacement from such property or to permit removal or repair of the defacement, after notice as provided in this article, is declared to be a public nuisance. 1996-15 -2 Sec. 14-53. Removal or repair of defacement. (a) Notice and opportunity to remove or repair. Whenever the city manager becomes aware of the existence of defacement on any public or private property, the city manager may give, or cause to be given to the property owner, written notice to remove or repair the defacement. Such notice shall be served either by personal delivery or by certified mail, and shall be effective upon delivery or mailing. Such notice shall request the property owner to remove or repair the defacement within ten (10) calendar days after the effective date of the notice. Such notice further shall seek the owners' written permission for the city to enter upon the property to remove or repair the defacement. Such notice further shall inform the property owner that, if the property owner fails to comply with the notice, then the city may maintain a public nuisance action against the property owner to compel the property owner to allow the removal or repair of the defacement. Before issuing a notice under this subsection, the city manager shall contact the owner and manager or occupant of the property and attempt to obtain a commitment to remove or repair the defacement within a reasonable period of time. If no such commitment is made or, if made, the commitment is not honored within a reasonable period of time as determined by the city manager, then the manager may issue a notice described in this subsection. (b) Removal or repair by city. If the owner of the property upon which the defacement exists fails to remove or repair the defacement or grant written permission to the city to enter upon the property to remove or repair the defacement, within ten (10) calendar days after the effective date of the notice described in subsection (a), the city may maintain a public nuisance action against the property owner and compel the property owner to allow the removal or repair of the defacement. After receiving the written permission or the appropriate court order, the city may undertake the removal or repair, the cost of which shall be at the expense of the city. Sec. 14-54. Exemptions. This article shall not be construed to prohibit temporary, easily removable chalk or other water soluble markings on streets, sidewalks or other paved surfaces which are used in connection with traditional children's activities, such as drawings or bases for kickball, handball, hopscotch and the like, or to prohibit markings placed on public or private property by authorized representatives of the city or of a public utility to indicate the location of service lines and facilities. 2. This ordinance shall become effective as provided by law. Introduced: Public hearing: Adopted: September 24, 1996 October 8 and October 29, 1996 October 29, 1996 Mayor Date ATTEST: