and Romando Dixson

ASHEVILLE – City Council will consider a plan Tuesday to increase penalties for graffiti vandals, require property owners to remove it and launch an intensive cleanup effort this summer.

During a 90-day period to begin July 1, the city would cover 90 percent of the cost of removing graffiti from a private building and would aggressively remove graffiti from public property. Property owners would pick up the remaining 10 percent and the city would budget $300,000 for its efforts.

Beginning Oct. 1, property owners would not be fined if they don’t paint over graffiti, as city staff had proposed earlier. However, the city would remove the graffiti and charge property owners the cost of the cleanup if owners do not take action.

Fining property owners “feels a little strong at this point,” City Councilman Jan Davis said Friday. The city could return to the idea if the changes council will consider Tuesday do not solve the problem, he said.

Asheville has seen growing complaints about graffiti over the past couple of years and a sometimes heated debate over what to do about it.

Some property owners object to the idea of paying fines if they do not take graffiti down as being unfair to them. City staff say that method has proven effective in other cities because vandals tire of seeing their creations disappear quickly.

Most people involved in the debate have said heavier penalties for graffiti vandals and more enforcement would help.

Criminal penalties for graffiti are set by state law. The offense is a misdemeanor, and violators in Buncombe County typically go through the county nuisance court. Those convicted usually perform 50 hours of community service, which may include removing graffiti.

City Council is scheduled to ask Tuesday that the General Assembly increase criminal punishment for those convicted of graffiti vandalism.

The proposal to go before council Tuesday, developed by city staff in consultation with councilmen, would add civil penalties. In addition to whatever punishment criminal courts mete out, graffiti vandals would pay a $200 civil fine for the first offense, escalating to $1,000 for the fifth and any subsequent offense during a 30-day period.

Davis said Friday that opposition from property owners helped persuade city officials not to fine those who do not cover up or take down graffiti. He said he likes the current proposal because the city will help private property owners “get to a good starting point” where graffiti should be less common.

In addition, “We also need to ensure that the people who are doing the vandalism understand that we’re going to ratchet up the enforcement,” he said.

Mixed reaction

The plan got a mixed reception during a Thursday night meeting where the Asheville Arts Council invited people to share their thoughts on the issue with members of City Council’s Public Safety Committee.

At least one person questioned the legality of the proposal.

“I view that as an infringement on property owners’ rights, because in no way do I see it affect the health or safety of the public to have paint on a building,” Timothy Maddox said.

Assistant City Manager Cathy Ball said the ordinance builds on state law giving municipalities the authority to deal with issues on private property that create problems for neighbors.

“So if (graffiti on a building) gets bad enough and it’s a big enough problem, we have legal recourse just like we do for any other nuisance,” Ball said.

Councilman Cecil Bothwell seemed conflicted about how to handle the graffiti problem. The wealthy have their avenues to express themselves, he said, but the less wealthy do not.

“It is a crime to deface private property — certainly so,” Bothwell said. “You can’t just simply inflict your stuff on private property. And yet, our public spaces are public spaces. And how do we exactly address that?”

“If the property owner doesn’t care, I have a lot of trouble with the idea of enforcing it,” Bothwell said. “Who are we to say that a property owner cannot allow someone to paint on their walls?”

Want to go?

City Council meets at 5 p.m. Tuesday on the second floor of City Hall.

Painting over it

Highlights of the city’s proposed anti-graffiti plan:

• New civil penalties for graffiti vandals would be set in addition to those imposed in criminal court.

• The city will cover 90 percent of the cost of removing graffiti from private property July 1-Sept. 30 and step up efforts to cover up graffiti on public property during the same period.

• Starting Oct. 1, property owners would be required to remove graffiti from their buildings. If they don’t, the city will remove the graffiti and charge the cost to the property owner.

• Education and enforcement efforts would continue.