<div class="chunk-title">Sec. 38-32. - Graffiti.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Definition.</span> Graffiti, as used in this section shall refer to any marks made by drawing, painting,
               writing, scratching, scrawling, spraying or inscribing or otherwise defacing any real
               or personal property without the prior written consent of the owner or his or her
               designated representative of the premises.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Graffiti prohibited.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl, spray,
               place or draw graffiti of any type on any public or private building or personal property.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Subsection (1) of this section shall not be construed to prohibit temporary, easily
               removable chalk or other water-soluble markings on public or private sidewalks, streets
               or other paved surfaces which are used in connection with traditional children's activities,
               such as drawings of bases for stickball, kickball, handball, hopscotch or similar
               activities, nor shall it be construed to prohibit temporary, easily removable chalk
               or other water soluble markings used in connection with any lawful business or public
               purpose or activity.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Graffiti declared public nuisance.</span> Graffiti on public or private property creates a condition tending to reduce the
               value of such property, to promote blight and deterioration, to reflect poorly on
               the community, and may be injurious to the general welfare. Furthermore, graffiti
               has been used as a forum for gang related activities and can lead to an increase in
               crime in the county, which is detrimental to the health and safety of the citizens
               of the county. Therefore, the presence of graffiti constitutes a public nuisance which
               may be summarily abated as such in accordance with the provisions of this article.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Removal of graffiti.</span> It shall be unlawful for any person owning property, acting as manager or agent for
               the owner of property, or in possession or control of property to fail to remove or
               effectively obscure any graffiti upon such property.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Removal of graffiti by county.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Whenever the county becomes aware of the existence of graffiti on any property, the
               county is authorized to remove the graffiti as set forth in this section after giving,
               or causing to be given, written notice to remove or effectively obscure such graffiti
               to the property owner, such property owner's agent or manager, or any other person
               in possession or control of the property. If the county intends to place a lien on
               the property, as provided in subsection (2) below, it must also notify all other persons
               whose names appear on the tax rolls of the county as having an interest in the property.
               Notice shall be given by personal service or certified mail, except that notice may
               be given by first class mail to those persons, other than the property owner, whose
               names appear on the tax rolls of the county as having an interest in the property.
               All notices shall state the procedure for appeals under this section.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the person owning the property, acting as manager or agent for the owner of the
               property, or in possession or control of the property fails to remove or effectively
               obscure the graffiti within seven days from receipt of notice described in subsection
               (1) above, the county may cause the graffiti to be removed or effectively obscured
               and charge the property owner, or the property owner's manager or agent, or the person
               in possession or control of the property, for the expenses incurred by the county
               in removing the graffiti. The county may sue in a court of competent jurisdiction
               to recover all such expenses, which shall include, but not be limited to, all administrative
               personnel costs, attorney's fees and costs related to enforcing this section; and/or
               the county may record a lien in the public records of New Hanover County, which lien
               shall be for all such expenses, and the amount of the lien shall bear interest from
               the date of recording at the legal rate proscribed by law.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Appeals may be taken to the county manager or his designee by the person owning the
               property, acting as manager or agent for the property, or in possession or control
               of the property to prevent removal of any graffiti, within seven days of having received
               notice from the county that graffiti must be removed. Appeals shall be in writing
               and shall state the reasons for the appeal. If, on appeal, the county manager or his
               designee determines that the graffiti must be removed, the county manager or his designee
               may set a new deadline date for compliance or authorize the county to proceed to remove
               or obscure the graffiti. The county shall not remove or obscure any graffiti during
               the pendency of an appeal.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If the county determines that any graffiti is a danger to the health, safety, or welfare
               of the public and is unable to provide notice by personal service after at least two
               attempts to do so, then 48 hours after either (a) the mailing of the notice described
               in subsection (1) above by certified and first class mail to the person owning the
               property, acting as agent or manager for the owner of such property, or in possession
               or control of such property, or (b) the posting of the notice in a conspicuous place
               on the property, the county may remove or cause the graffiti to be removed at its
               expense.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               In no case shall the county paint or repair any area obscured by graffiti more extensively
               than where the graffiti itself is located. The county shall not be required to restore
               the obscured area to its original condition (i.e., color, texture, etc.).
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Enforcement and penalties for violation of this section.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Where there is a violation of subsection (b) of this section, the county, at its discretion,
               may take one or more of the following enforcement actions:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A sheriff's deputy may issue a citation subjecting the violator to a civil penalty
               of $250.00 for a first offense and $500.00 for a second offense, which penalties may
               provide for a delinquency charge upon nonpayment of $25.00, and which penalties and
               delinquency charge may be recovered by the county in a civil action.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A misdemeanor warrant may be issued either immediately or upon the issuance of a citation
               and the violator's failure to pay the citation. This is a Class 3 misdemeanor, punishable
               by a fine of up to $1,000.00, and/or imprisonment for up to 30 days and the violator
               shall be required to make restitution to the victim for the damage or loss suffered
               by the victim as a result of the offense, as determined by a court of competent jurisdiction.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Any other remedy provided for in this article or otherwise allowed by law.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Where there is a violation of subsection (d) of this section, the county, at its discretion,
               may take one or more of the following enforcement actions:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A sheriff's deputy may issue a citation subjecting the violator to a civil penalty
               of not more than $250.00 for a first offense and $500.00 for a second offense, which
               penalties may provide for a delinquency charge upon nonpayment of $25.00, and which
               penalties and delinquency charge may be recovered by the county in a civil action.
               In determining the fine to be imposed, the county may consider the efforts, if any,
               taken by the violator to remove or effectively obscure the graffiti.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A civil action seeking a penalty of $500.00 per day of violation plus injunction and
               order of abatement may be directed toward any person owning the property, acting as
               manager or agent for the owner of the property, or in possession or control of the
               property.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Any other remedy provided for in this section or otherwise allowed by law.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-11-2005)
               </p></div>