Herndon, VA Property Maintenance: Property Blight (2026)
Key Facts
- Fact
- Applying graffiti is Class 1 misdemeanor or felony
- Fact
- Owners must remove within 15 days
- Fact
- Damage under 1,000 dollars misdemeanor
- Fact
- Damage 1,000 plus is Class 6 felony
- Fact
- Historic properties need extra care
Summary
Graffiti on private property is a nuisance that owners must remove promptly, typically within 15 days of notice. Applying graffiti without consent is a criminal offense under VA Code 18.2-138 punishable as a Class 1 misdemeanor or felony depending on damage value. Herndon offers guidance on removal and may assist for historic properties.
Any person who willfully and maliciously (i) breaks any window or door of the Capitol, any courthouse, house of public worship, institution of higher education, school house, city or town hall, or other public building or library, (ii) damages or defaces the Capitol or any other public building or any statuary in the Capitol, on the Capitol Square, or in or on any other public buildings or public grounds, or (iii) destroys any property in any of such buildings shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000. Any person who willfully and unlawfully damages or defaces any book, newspaper, magazine, pamphlet, map, picture, manuscript, or other property located in any library, reading room, museum, or other educational institution shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000.
Full Breakdown
2-138 makes it a criminal offense to deface, damage, or apply graffiti to any real or personal property without the owner consent. For damage valued under 1,000 dollars, the offense is a Class 1 misdemeanor punishable by up to 12 months in jail and a 2,500 dollar fine; damage at or above 1,000 dollars is a Class 6 felony. Courts may order restitution and community service specifically cleaning graffiti. Separately, Herndon treats visible graffiti on private property as a nuisance condition under the Virginia Property Maintenance Code, and property owners must remove or cover graffiti within 15 days of receiving a Notice of Violation from code enforcement.
This dual framework holds taggers criminally liable while also placing civil responsibility on owners to maintain clean facades. Effective removal depends on surface type: pressure washing with graffiti remover chemicals works on masonry, while painted surfaces often require matching paint to cover. Tagging on historic properties in the Downtown Historic District may require coordinated removal with the Heritage Preservation Review Board to avoid damaging original materials. The Herndon Police Department investigates graffiti crimes and can take photos for evidence before removal.
Frequently Asked Questions
Am I responsible for graffiti on my fence?
What is the penalty for tagging?
Sources & Official References
Other rules in Herndon
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