Town of Elkton, VA Accumulation of Weeds, Junk and Trash

§ 139-19 Inspection of vacant property.

The Town Superintendent shall periodically inspect the vacant property in the Town to determine if grass, weeds, other foreign growth, trash, garbage, refuse, litter and any other like items on such vacant property are detrimental to the health, safety or welfare of the inhabitants of the Town.

§ 139-20 Accumulation prohibited; exception.

No person shall allow any junk or rubbish to be, remain or accumulate on premises owned, used or controlled by such person, or on any street, highway, right-of-way, or on any other lands within this Town, except when such junk or rubbish is in a building or enclosure which hides such junk or rubbish from view.

§ 139-21 Notice to cut or remove.

When he or she deems it necessary, the Town Superintendent may cause a notice to be mailed to the owner of a vacant property in the Town specifying the detrimental items described in §§ 139-19 and 139-20 which have been found on the property and directing the owner to cut and/or remove the items from the property or cause junk or rubbish to be placed in a building or enclosure which hides such junk or rubbish from view within 15 days after the notice is mailed. If the owner is not a resident of the Town, the notice shall be mailed to the owner's agent in Town, or if there is not agent, to the owner's last known address.

§ 139-22 Appeals to Town Council.

Any property owner to whom a notice is sent may appeal in writing to the Town Council within 15 days after the notice is sent and protest the decision of the Town Superintendent. The Council shall thereupon affirm, modify or overrule the decision which was appealed. Pending the Council decision on an appeal, the owner shall not be required to cut or remove the items on the property.

§ 139-23 Cutting or removal by Town.

If the detrimental items shall remain on the property and/or not placed within a building or enclosure which hides junk or rubbish from view, after the notice period established through § 139-21, and after any extension of that grace period through § 139-22, the Town Superintendent may cause items to be cut and/or removed from the property at the owner's expense.

All expenses incurred in the cutting of grass, weeds or other foreign growth and the removal of junk or rubbish shall be chargeable to and paid by the owners of the property and shall be collected by the Town in the same manner and by the same process as is prescribed for the collection of Town taxes. In the event that the costs of removal are not collected by November 1 of the year in which the same accrue, the amount of costs against owners of the property from which grass, weeds, other foreign growth, junk or rubbish are removed shall be placed on the tax bill and shall be collected with the taxes. If such costs are not paid by the time that a penalty would be added to the bill for real estate taxes, such costs shall be collected in the manner and to the extent as exists for enforcement of demands between individuals. There shall be a lien in favor of the Town against the property in question for the amount of any unpaid costs for the removal of such grass, weeds, or other foreign growth, junk or rubbish in accordance with the provisions of state law as to liens for unpaid taxes.

§ 139-24 Mowing required.

Every owner of real estate within the Town of Elkton shall mow or cut any grass, weeds and vegetative matter, not including ornamental flowers and shrubs and garden plants, located on such property, at least once during the period covered by the months of May, June, July and August each year.

§ 139-25 Violations and penalties.

The failure by the owner of property to cut, remove or hide items described in §§ 139-19 and 139-20, after being directed to do so pursuant to § 139-21 or, on appeal, pursuant to § 139-22, shall, after the expiration of the period of notice, constitute an offense punishable, upon conviction, by a fine of not to exceed $1,000, imprisonment for a period not to exceed six months, or both. Every seven-day period thereafter in which there is a continuing failure to cut or remove shall constitute a separate offense. The failure by the owner of property to comply with the requirement of § 139-24 shall constitute an offense punishable, upon conviction, by a fine of not to exceed $1,000, imprisonment for a period not to exceed six months, or both.