[Ord. No. 11-35, 1-10-2012; Ord. No. 12-29, 11-27-2012]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The City's cost of labor, equipment and supplies for, or
the contract price of and any charges to the City with respect to,
the abatement of a nuisance upon a property or premises.
A sworn written statement prepared by the City Manager or the City officer or employee with the required knowledge in accordance with Article III of this chapter.
[Amended 8-23-2022 by Ord. No. 22-14]
Any specific activities that would constitute a criminal
act under Article 3 (§ 18.2-346 et seq.) of Chapter 8 of
Virginia Code Title 18.2 or a substantially similar local ordinance
if a criminal charge were to be filed against the individual perpetrator
of such criminal activity.
[Added 8-23-2022 by Ord.
No. 22-14]
Has the same meaning as provided in Code of Virginia, § 54.1-3401.
For purposes of Article III means (i) taking specific actions with respect to the buildings or structures on property that are reasonably expected to abate criminal blight on such real property, including the removal, repair, or securing of any building, wall, or other structure, or (ii) changing specific policies, practices, and procedures of the real property owner that are reasonably expected to abate criminal blight on real property. A local law-enforcement official shall prepare an affidavit on behalf of the locality that states specific actions to be taken on the part of the property owner that the locality determines are necessary to abate the identified criminal blight on such real property and that do not impose an undue financial burden on the owner.
[Amended 8-23-2022 by Ord. No. 22-14]
A condition existing on real property that endangers the
public health or safety of residents of the City and is caused by
(i) the regular presence on the property of persons in possession
or under the influence of controlled substances; (ii) the regular
use of the property for the purpose of illegally possessing, manufacturing,
or distributing controlled substances; (iii) the regular use of the
property for the purpose of engaging in commercial sex acts; or (iv)
the discharge of a firearm that would constitute a criminal act under
Article 4 (§ 18.2-279 et seq.) of Chapter 7 of Title 18.2
or a substantially similar local ordinance if a criminal charge were
to be filed against the individual perpetrator of such criminal activity.
[Added 8-23-2022 by Ord.
No. 22-14]
[Added 2-10-2015 by Ord.
No. 15-02]
Any discharge into the City's storm sewer system that is
not entirely stormwater, except discharges:
[Added 2-10-2015 by Ord.
No. 15-02]
The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) owned and operated by
the City and designed or used for collecting or conveying stormwater,
and that is not part of the sanitary sewer system.
[Added 2-10-2015 by Ord.
No. 15-02]
The doing of any act or the omission to perform any duty,
or the permitting of any condition or thing to exist that endangers
life or health, obstructs or interferes with the reasonable or comfortable
use of public or private property, tends to depreciate the value of
the property of others, or in any way renders other persons insecure
in the life or the use of property. Wherever the term nuisance is
used in this chapter, it shall be deemed to mean a public nuisance.
The owner of record.
Any individual, firm, owner, sole proprietorship, partnership,
corporation, unincorporated association, executor, administrator,
trustee, guardian, agent, occupant or other legal entity.
The underground conduit that collects and delivers sanitary
wastewater to the City's wastewater treatment plant.
[Added 2-10-2015 by Ord.
No. 15-02]
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation and resulting from
that precipitation.
[Added 2-10-2015 by Ord.
No. 15-02]
Includes any plant, grass or other vegetation (herbaceous
or woody) over 12 inches in height, excluding trees, ornamental shrubbery,
vegetable and flower gardens, purposefully planted and maintained
by the property owner or occupant free of weed hazard or nuisance,
cultivated crops, or undisturbed woodland not otherwise in violation.
[1]
Editor's Note: The definition of "drug blight," which immediately
followed this definition, was repealed 8-23-2022 by Ord. No. 22-14. See now the definition
of "criminal blight" above.
[Ord. No. 11-35, 1-10-2012]
The existence of any of the following activities or conditions
are hereby declared to be public nuisances, provided, however, this
enumeration shall not be deemed or construed to be conclusive, limiting
or restrictive:
A.
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or other things that cause a blighting problem,
an obstruction or hindrance to the safe movement of vehicular and
pedestrian traffic upon streets, alleys, or sidewalks abutting such
property, or constitute a fire hazard, or adversely affect the public
health or safety.
B.
Outside storage on a residential property of abandoned, discarded
or unused objects or equipment, including but not limited to tires,
household furniture, appliances, lawn equipment, tools, motor vehicle
parts, mattresses, wood or lumber not neatly stacked or piled, that
cause a blighting problem, or constitute a fire hazard, or adversely
affect the public health or safety.
C.
Outside storage on a residential property for more than 60 consecutive
days of more than five yards of any used or unused building materials
which are visible from an adjacent property or road, provided, that
nothing herein shall prohibit such storage when done in conjunction
with a construction project for which a building permit has been issued
and which, in the opinion of the City, is being pursued diligently
to completion or, when the proposed construction does not require
a building permit, the construction, in the opinion of the City, is
being diligently pursued to completion.
D.
Permitting any property, either vacant or developed, to allow weeds
to reach a stage of growth so as to provide cover or harborage or
potential cover or harborage for rodents or vermin, or to cause a
blighting problem, or adversely affect the public health or safety.
E.
Any condition which provides harborage for rats, mice, snakes and
other vermin.
F.
The collection of standing or stagnant water where mosquitoes breed
or are likely to breed. "Stagnant water" shall mean any water that
is absent of flow or filtration by natural or mechanical means.
G.
Any condition or action which unlawfully interferes with, obstructs
or tends to obstruct or renders dangerous for passage any public or
private street, highway, sidewalk, stream, ditch or drainage area,
including, but not limited to, obstructions to line of sight, obstructions
of roadside signs, using Federal Highway Administration Safety standards
as a guideline.
H.
Any unsecured vacant or abandoned building.
[Ord. No. 11-35, 1-10-2012]
A.
It shall be unlawful for any person to create, cause, permit or maintain
a public nuisance. The owner or occupant of each premises shall abate
the public nuisance at such time as may be prescribed in the notice.
B.
Each day a public nuisance shall continue after the date set by the
City for its abatement shall constitute a separate offense.
C.
Failure to comply with a notice issued pursuant to this article shall
be subject to a civil penalty of $50 for the first violation, or violations
arising from the same set of operative facts.
D.
The civil penalty for subsequent violations not arising from the
same set of operative facts within 12 months of the first violation
shall be $200.
E.
In no event shall a series of specified violations arising from the
same set of operative facts result in civil penalties that exceed
a total of $3,000 in a twelve-month period.
F.
Civil penalties provided herein shall be in addition to liability
for the City's costs of abatement.
[Ord. No. 11-35, 1-10-2012]
This article shall be enforced and administered by the City
Manager, who may designate one or more City departments to carry out
this task. The City Manager or designee shall conduct investigations
of alleged public nuisances, give the necessary notices to abate public
nuisances, make the necessary arrangements to abate public nuisances,
prepare the statements of costs and expenses incurred by the City
in the abatement of public nuisances and take whatever action is necessary
to eliminate the presence of public nuisances within the City. The
City Manager may also make arrangements with other individuals and
agencies to assist in the enforcement of the nuisance ordinance. The
City Manager is authorized to initiate civil proceedings to enjoin
a violation of this article.
[Ord. No. 11-35, 1-10-2012; Ord. No. 12-19, 8-14-2012; amended 8-23-2022 by Ord. No.
22-14]
A.
The notice process set forth in this section shall apply unless a different notice process is specifically prescribed for a category of nuisance, such as the notice provisions for criminal blight in Article III.
B.
Whenever a nuisance is found to exist within the City, a duly designated
officer of the City shall give written notice to the owner or owners,
occupant or occupants of the property or premises.
C.
The officer shall provide notice in a manner reasonably calculated,
under all the circumstances known to the officer, to apprise the responsible
party of the enforcement action. The notice may be delivered by hand-delivery,
posting the notice prominently upon the property, or first-class mail
to the owner at the owner's address of record, or to the occupant
at the address of the premises. Proof of such delivery, posting or
mailing shall be sufficient evidence of the service of such notice.
One notice per growing season is hereby deemed reasonable notice to
owners of property to authorize the City to remove or contract for
the removal of any excessive growth of weeds for the entire growing
season, from April 1 until November 1 of the same year in which the
notice was sent.
D.
The notice shall contain the following:
(1)
The location of the nuisance.
(2)
A description of what constitutes the nuisance.
(3)
A statement of acts necessary to abate the nuisance.
(4)
A deadline reasonable under the circumstances, by which the nuisance
shall be abated.
(5)
A statement that if the nuisance is not abated as directed and no
request for hearing is made within the prescribed time, the City will
abate such nuisance and assess the cost thereof against such person.
E.
When, in the opinion of the designated officer, a nuisance constitutes
an imminent, substantial or compelling threat to the public health
or safety, the notice requirement shall be dispensed with, and the
City may abate the nuisance as provided herein.
F.
Upon request, a hearing shall be held before a designated officer
of the City other than the officer who initially determined the existence
of the nuisance. If, after hearing evidence, the hearing officer finds
by a preponderance of the evidence that such nuisance exists, he shall
order its abatement; otherwise, he shall dismiss the notice. A hearing
must be requested in writing at least 48 hours prior to the date given
for the abatement of the nuisance. The hearing shall be held promptly
and shall not unreasonably delay the abatement of the nuisance. Attendance
at the hearing is the responsibility of the requesting party. The
hearing shall be informal, and while each party shall have the opportunity
to present pertinent information, the rules of evidence shall not
apply. The decision of the designated officer is final.
[Ord. No. 11-35, 1-10-2012]
A.
Upon the failure of the owner or occupant to abate the nuisance,
the City shall proceed to abate the nuisance and shall prepare a statement
of costs incurred in the abatement thereof. When, in the opinion of
the designated officer, a nuisance constitutes an imminent, substantial
or compelling threat to the public health or safety, the officer may
have the necessary work done to abate the nuisance whether or not
notice to require the owner or occupant of the premises to abate the
nuisance has been given.
B.
In order to abate a nuisance, the City may revoke any permit or license
issued by the City to the owner or occupant of the offending property
and which is required by law to conduct the business or activity which
gives rise to the nuisance.
[Ord. No. 11-35, 1-10-2012]
A.
In the event the City takes steps to abate the nuisance, the City
Manager shall assess the costs and expenses thereof, plus 15% to cover
administrative costs, to the owner or owners, occupant or occupants
of the property.
B.
The City Treasurer shall collect the abatement costs from the owner or owners, occupant or occupants of the property, as provided in § 2-511 of this Code.
C.
Every charge authorized by this section in excess of $200 which has
been assessed against the owner of any such property and which remains
unpaid for a period of 30 days shall constitute a lien against such
property. Such liens shall have the same priority as other unpaid
local taxes and shall be enforceable in the same manner as provided
for in Articles 3 and 4 of Chapter 39 of Title 58.1 of the Code of
Virginia. All such liens shall remain a personal obligation of the
owner of the property at the time the liens were imposed.
