"DIVISION 1. MISCELLANEOUS

Sec. 5-146. Damaging or defacing property generally.

(a) It shall be unlawful for any person to willfully and maliciously damage or deface any public buildings, facilities or real or personal property (including, without limitation, any tree, shrub, bush or flowers), or any private buildings, facilities or real or personal property. The possession of paint, ink, stain, varnish, dye or any other substance which leaves a mark, without authority of the owner, lessee or agent of the owner, by a person apprehended upon public property, or in a public building, shall be prima facie evidence of an intent to defile, deface, brand, write, mark or paint such structure or building as is prohibited by this section. Except as provided herein below, a person found guilty of a violation of this section shall be shall be punished as provided in section 5-1 of this chapter.

(b) Upon a finding of guilt under this section in any case tried before the court without a jury, in the event the violation constitutes a first offense which results in property damage or loss, the court, without entering a judgment of guilt, upon motion of the defendant, may defer further proceedings and place the defendant on probation pending completion of a plan of community service work If the defendant fails or refuses to complete the community service as ordered by the court, the court may make final disposition of the case and proceed as otherwise provided. If the community service work is completed as the court prescribes, the court may discharge the defendant and dismiss the proceedings against him, Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying the ordinance in subsequent proceedings. Notwithstanding any other provision of law, no person convicted of a violation of this section shall be placed on probation or have his sentence suspended unless such person shall make at least partial restitution for such property damage or is compelled to perform community service, or both, as is more particularly set forth in Virginia Code section 19.2-305.1.

(c) Community service, to the extent feasible, shall include the repair, restoration or replacement of any damage or defacement to property within the locality, and may include: clean-up, beautification, landscaping or other appropriate community service within the locality. The director of public works, or his or her designee, is hereby charged with the supervision of the performance of any community service work required and with reporting to the court imposing any such requirement. At or before the time of sentencing, the court shall receive and consider any plan for making restitution or performing community service submitted by the defendant. The court shall also receive and consider the recommendations of the city's director of public works or his or her designee.

(d) In the event any willful or malicious damage, defacement, or destruction of any public property is caused by a person under the age of eighteen (18) years ("minor"), then the city may institute an action and recover damages therefore from the parents, or either of them, of any such minor living with such parent(s). No more than two thousand five hundred dollars ($2,500.00) may be recovered from such parent, or either of them, as a result of any incident or occurrence on which such action is based. Any recovery from the parent(s) of such minor shall not preclude full recovery from such minor, except to the amount of the recovery from such parent(s). The provisions of this section shall be in addition to, and not in lieu of, any other law imposing upon a parent liability for the acts of a minor child

(e) The director of public works or his or her designee is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure, or of any private building, wall, fence or other structure where such damage of defacement is visible from any public right-of-way.

(1) Prior to such removal the director of neighborhood development services or his or her designee shall seek the written permission of the property owner; if written permission is not practical under the circumstances, verbal authorization shall be sought.

(2) If the property owner fails to provide requested permission within five (5) days of receipt of a request for permission, or denies any such request, then the director of neighborhood development services or his or her designee shall give the property owner of record and the person in control of the property a written notice of the city's intention to proceed with removal or repair. Such written notice shall describe the condition(s) to be abated, the location of the property, a statement of the act(s) necessary to remove or repair the defacement, and the date on which the city will commence abatement it such defacement is not remedied, which date shall be no fewer than five (5) business days following the notice.

(3) All notices sent pursuant to this section shall be served to an owner as follows: (i) by hand-delivery to the owner of record, (ii) by regular, first-class mail, to the owner of record at the address listed in the city's real estate tax records, or to any occupant of the property at the address where the violation exists; (iii) to a person who has charge of real estate as an executor, administrator, trustee, guardian or agent, by hand-delivery or by regular, first class mail, to the last known address of such person; or (iv) to a person who is the beneficiary of any easement or right of use of a parcel of real estate, by hand delivery or by certified mail, return receipt requested, to the person's last known address. If the real estate parcel on which the violation exists is undeveloped or vacant, the notice shall also be posted in a conspicuous place on the property.