(A) Engaging in graffiti unlawful. It shall be unlawful for any person to engage in graffiti unless the person has the express consent, permission, or authority of the owner of the property.
(B) Penalties. In addition to or in lieu of any remedies available in this article or by other operation of law, a violation of this section may subject the offender to any or all of the following penalties:
(1) Criminal. Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor pursuant to G.S. 14-4 and G.S. 160A-175 and shall pay a criminal penalty of not less than $250 and not more than $500. Any individual engaging in graffiti shall also be subject to prosecution for such offenses as found within the statutes of the State of North Carolina, including but not limited to restitution costs for abatement by remediation of the nuisance and damage to the property.
(2) Civil.
(a) Any person violating any provision of this section shall be issued a civil citation or citations, as may be required, as follows:
1. First violation. A violation of this section shall subject the violator to a civil penalty of $250.
2. Second and subsequent violation within 365 days of the first violation. Any subsequent violation of this section by the violator within 365 days from herein defined first violation shall subject the violator to a civil penalty of $500.
(b) Contents and service of civil citation. A civil citation issued for a violation of any provision of this section shall clearly state when the civil penalty is due and the manner in which the violation may be appealed. Civil citations issued under this section shall be served personally or by regular mail upon the violator by a Code Enforcement Supervisor or officer or by member of the Greenville Police Department.
(c) Appeals; payment of civil penalties. Unless appealed in accordance with section 1-1-20 of the City Code, all civil penalties assessed for violations of any provision of this section must be paid to and received by the Revenue Division of the city’s Financial Services Department within five business days from the date of issuance.
(d) Methods of recovery of unpaid civil penalties. Unless appealed in accordance with section 1-1-20 of the City Code, if full payment for an assessed civil penalty is not timely received by the Revenue Division of the city’s Financial Services Department, the city may recover the unpaid civil penalty by any or all of the following methods:
1. A civil action in the nature of a debt.
2. The use of a collections agency.
3. The use of the provisions of G.S. Chapter 105A (The Setoff Debt Collection Act) and G.S. 18C-134.
4. Equitable remedies issued by a court of competent jurisdiction.
5. Any other method authorized by law to secure, collect, satisfy, or otherwise recover any civil penalty owed.
(3) Continuing violations. Each day’s continuing violation of this section shall be a separate and distinct offense.
(Ord. No. 23-083, § 1, passed 12-14-2023