Restitution Requested for Graffiti Removal

County Seeks Law to Penalize Vandals

By Jonathan Mummolo (Contact)

Thursday, May 8, 2008

In light of a growing graffiti problem, the Loudoun County Board of Supervisors has decided to ask state lawmakers for the authority to recoup cleanup costs from those responsible for the vandalism.

Supervisors voted unanimously Tuesday to include the request to the General Assembly in their 2009 legislative package. They acted after a county analysis concluded that the state legislation would allow the county to recover at least some of its costs if it decided to launch a more aggressive graffiti-removal program.

Currently, the county removes graffiti only from its own property, said Assistant County Administrator John Sandy. Although it encourages private property owners to do the same, vandalism sometimes remains in place.

The state law Loudoun is seeking would classify graffiti as a "nuisance" and allow the county to seek restitution from convicted vandals through civil penalties. The county could then enact an ordinance allowing it to remove any graffiti visible from a public right-of-way, and could recoup some of its costs through the penalties, Sandy said.

A more aggressive approach to combating graffiti probably would require a new county-funded program, according to a report prepared by county staff members. Even with the authority to seek restitution, the county probably would not be able to recoup all its costs because not all vandals are caught and convicted, the report said.

Supervisors emphasized Tuesday that the request to the General Assembly does not necessarily portend the launch of a bigger cleanup effort. Several board members said they would want to see cost projections before endorsing any graffiti-removal initiatives.

"The motion is to support legislation that enables — it does not mandate — action on this," said Supervisor Stevens Miller (D-Dulles).

Incidents of gang-related graffiti have increased sharply in Loudoun in recent years, according to figures from the Loudoun County Sheriff's Department. There were 19 such incidents reported in 2004, compared with 104 in 2006 and 85 last year. The total number of incidents last year, including those not gang-related, was 201; a comparable figure for 2004 is not available.

The Sterling District led the county last year with 54 total incidents. The Sugarland Run District was second with 41, followed by Broad Run with 39, Dulles with 34, Potomac with 18, Blue Ridge with 8 and Catoctin with 7.

Some board members said the need for action on the issue is urgent, arguing that allowing such vandalism to remain in place sends a signal that it is tolerable.

"The whole message of graffiti is you want to get rid of it right away," said Supervisor Eugene Delgaudio (R-Sterling) in an interview. "Graffiti is advertising for social rejects, and these social rejects are gang members or gang wannabes or disrespectful unsocialized malcontents."

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Graffiti a Growing Problem in Loudoun

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This spray-painted graffiti recently marred a barrier alongside a Loudoun roadway. ()

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More of the spray-painted graffiti that has been sprayed across Loudoun County in recent months. ()

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Loudoun County has experienced a rash of graffiti in recent weeks. ()

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Supervisor Lori L. Waters (R-Broad Run) said she would have to see cost estimates before deciding whether to endorse a new anti-graffiti program.

"I'd have to look at what we could recoup and what the fiscal impact would be," Waters said.

Board of Supervisors Vice Chairman Susan Klimek Buckley (D-Sugarland Run) said that she, too, wants to see cost projections but that the problem is too serious to delay action.

"A lot of it is gang-related, and that's very concerning," said Buckley, adding that the county could reduce its costs by working with homeowner associations to encourage residents to volunteer for cleanup of graffiti in their community.

"I don't think we can afford to wait until it becomes a significant problem," she said. "I think we have to act now."

Tagged: graffiti

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