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.
Virginia Code Section 18.2-138 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.
Contact your local code enforcement office for specific penalty information.
Herndon, VA
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