[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 9-12-1984 as Ch. 14 of the 1984 Frederick County Code. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution and open burning — See Ch. 45.
Solid waste — See Ch. 142.
Sewage disposal and sewers — See Ch. 161.
Zoning — See Ch. 165.
[1]
Editor's Note: For statutory provisions relating to the authority of the County to adopt such measures as it may deem expedient to secure and promote the health of the inhabitants of the County, see Code of Virginia, § 15.2-1200.
For the purpose of this chapter, the following words and terms shall have the meanings respectively ascribed to them by this section:
NUISANCE
That which annoys, vexes or creates a health hazard or that which, by its use or existence, works annoyance, injury or damage to others.
OFFENSIVE MATTER
Feathers, offal, dead animals or portions thereof, meat wastes, blood, tankage or any putrescible, organic matter; provided, however, that the term "offensive matter" shall not be construed to apply to livestock manure and poultry manure.
It shall be unlawful for any person to permit, deposit, store or hold any noxious or offensive, either to health or to comfort, matter on any premises or place or in any building or structure, unless such matter is so treated, screened, covered or placed so as not to create a nuisance.
All containers for the storage of noxious or offensive matter, as defined in § 122-1, shall completely confine the matter, shall be rodentproofed and insectproofed and shall be kept in an inoffensive and sanitary condition.[1]
[1]
Editor's Note: Original § 1-4, entitled "Removal or transportation of offensive material," § 1-5, entitled "Operation, etc. of slaughterhouse, rendering plants, etc.," and § 1-6, entitled "Location of hog pens," all of which immediately followed this section, were repealed 12-9-1992. For current provisions dealing with slaughterhouses and hog pens, see Ch. 165, Zoning.
It shall be unlawful for any person to cause water to collect and become stagnant and thereby to become a nuisance or a health hazard. Any foundation or other excavation that allows the collection of such water shall be pumped dry or drained within 10 days after receiving notice to do so from the Health Officer. This section shall be not construed to apply to farm ponds that are constructed for the benefit of fish or livestock.[1]
[1]
Editor's Note: Original § 1-8, entitled "Accumulation and disposition of garbage," § 1-9, entitled "Depositing garbage or trash on property of another," § 1-10, entitled "Transportation of garbage and trash," and § 1-11, entitled "Disposition of wastewater from sinks, bathtubs, etc.," all of which followed this section, were repealed 12-9-1992. For current provisions dealing with garbage, rubbish and refuse, see Ch. 142, Solid Waste. For current provisions dealing with disposition of wastewater, see Ch. 161, Sewage Disposal and Sewers.
[Amended 3-10-1999]
It shall be unlawful for the owners of developed or undeveloped property located in a platted residential subdivision, within a residentially zoned district (RP Residential Performance, R4 Residential Planned Community, R5 Residential Recreational Community, and MH1 Mobile Home Community) to permit grass, weeds and other foreign growth standing more than 18 inches in height to remain on property which lies within 100 feet of any dwelling or building. Any person who fails, refuses or neglects to cut or remove such grass, weeds and other foreign growth to a height not to exceed three inches, within 10 days after receiving written notice to do so from the Zoning Administrator or other properly designated official, shall be guilty of a violation.
[Added 3-10-1999]
In the event of a violation of § 122-5, the Zoning Administrator or other properly designated official may have such grass, weeds or other foreign growth cut by its own agents or employees, in which event the reasonable cost thereof shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes and levies are collected. Every charge authorized by this section with which the owners of any such property shall have been assessed and remains unpaid shall constitute a lien against such property.
It shall be unlawful for the owner of any lot in any platted subdivision to allow weeds and undergrowth on such lot so as to endanger the public health and welfare of the community. The Health Officer or Officers of the County shall be responsible for the administration of this section, including the swearing out of criminal warrants for the violation thereof.
[Amended 12-9-1992]
If any person responsible for the existence and continuance of a nuisance or health hazard, after being duly notified in writing by the Health Officer to abate such nuisance or health hazard, shall fail to abate the same for 24 hours after the time allowed for such abatement, he shall be guilty of a misdemeanor.
[Amended 3-10-1999]
Both the Sheriff and the Health Officer shall, in addition to their other duties, be specifically charged with the enforcement of the provisions of this chapter, with the exception of § 122-5, which shall be the responsibility of the Zoning Administrator.
[Amended 12-9-1992]
Any person found guilty of the violation of any of the sections of this chapter shall, upon conviction, be punishable by a maximum fine of $2,500 or by imprisonment for not more than 12 months, or by both such fine and imprisonment; and failure to abide by the order of the County Court to remove or abate a nuisance or health hazard shall be deemed a separate offense for each day thereafter that the nuisance or health hazard is permitted to exist.
[Added 10-11-2017]
Any person who is convicted of an offense for manufacture of methamphetamine pursuant to Virginia Code § 18.2-248 or 18.2-248.03 shall be liable, at the time of sentencing or in a separate civil action, to the County, the Sheriff, or any other law enforcement entity for the expense in cleaning up any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses associated with cleanup, removal, or repair of the affected property or the replacement cost of personal protective equipment used.