(1)
The city may, whenever it deems it necessary, after reasonable notice, have trash, garbage, refuse, litter, other debris, and other like substances which might endanger the health of other residents of the locality, removed by its own contractors or employees, in which event the cost thereof shall be charged as an additional refuse collection service fee (as further described in the city's solid waste policy, which is incorporated by reference herein as may be amended) billed with other such fees and ultimately collected in any way permitted by law. Failure to timely pay such additional refuse collection service fee may result in the city discontinuing its services.
Violation of any provision of this article or the city's solid waste policy, prescribed and approved pursuant to this article, shall also be subject to a civil penalty of $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall be $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. 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 12-month period. Three civil penalties previously imposed on the same person for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, shall also constitute a Class 3 misdemeanor. Civil penalties shall be due and payable to the city of Staunton within 10 days from the date of the notice. Repeated violations may result in the city discontinuing its refuse services. Nothing herein, however, shall exempt the person or entity from paying the fees herein prescribed and otherwise due.
(2)
Every charge authorized by this article with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (Section 58.1-3940 et seq.) and 4 (Section 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(Code 1985 § 25-17; Ord. 4-12-90; Ord. 2008-10; Ord. 2019-38)