City of Colonial Heights, VA Article II Toilet Facilities [1]

[1] Editor's Note: For statutory provisions relating to the occupation of premises without sanitary closet or privy, etc., see Code of Virginia, §§ 32-64 to 32-68.

§ 238-15 Definitions and word usage.

A. For the purposes of this article, the following terms shall have the meanings indicated:

SANITARY CLOSET or PRIVY

One of the following:

(1) A properly installed flush closet connected to an improved sanitary sewer;

(2) A properly installed flush closet connected to a properly constructed septic tank of not less than 400 gallons' working capacity with adequate subsurface drainage system for disposal of effluent;

(3) A properly constructed septic privy with adequate subsurface drainage system for disposal of effluent;

(4) A properly constructed concrete slab pit privy; or

(5) A properly constructed chemical privy.

B. The terms "properly installed," "properly constructed" and "approved," as used in this article, shall be construed to mean in accordance with the specifications of the State Board of Health and the City Department of Public Health providing arrangements for the disposal of human waste in such a manner that the waste shall not be accessible to flies or endanger a source of food or drinking water.

§ 238-16 Facilities required for all places of human habitation, employment or congregation.

It shall be unlawful for the owner of any house or other building to be used as a human habitation, employment or congregation in the City to occupy or to rent or lease the same for occupancy or to permit it to be occupied unless and until the house or building shall have been supplied or equipped with a sanitary closet or privy of such kind and construction as will comply with the requirements set forth in this article.

§ 238-17 Approval of facilities.

Any arrangement for the disposal of human waste mentioned in § 238-15, when approved by the Department of Public Health and when properly constructed and installed, shall be considered lawful under this article, except in the special cases provided for in § 238-2.

§ 238-18 Maintenance of facilities; inspections.

A. Each sanitary closet or privy, together with all accessories thereto, shall at all times be maintained by the owner thereof, at his own expense, in a safe and sanitary condition, free of seepage and offensive odors and secure against access thereto by insects and rodents and in compliance with all applicable provisions of state law and rules and regulations promulgated pursuant to authority of state law and in compliance with all applicable provisions of this Code and other City ordinances and rules and regulations of the Department of Public Health.

B. The Director of Public Health and the Director of Public Works and their representatives, for the purposes of inspection and upon proper identification and upon compliance with all applicable provisions of law, shall be given access to all premises having sanitary closets or privies, during daylight hours of business days, by the owners and occupants of such premises, and if any such inspector finds upon any premises any sanitary closet or privy or any accessory thereto which fails to conform to the requirements of Subsection A of this section, he shall, in the exercise of sound discretion, either condemn the sanitary closet, privy or accessory which is found to be in default or direct the owner thereof or the occupant of the premises to rectify the default within a reasonable period of time, and it shall be the duty of such owner or occupant to promptly remove any condemned sanitary closet, privy or accessory and to replace it with a lawful one, if such is required by this Code to be maintained by him, or restore the location thereof to a safe and sanitary condition, and it shall be the duty of such owner or occupant to comply with any directive so given him to rectify any sanitary closet, privy or accessory found to be in default but not condemned.

C. Neither the condemnation of any sanitary closet, privy or accessory nor the giving of any directive with respect thereto pursuant to Subsection B of this section nor the performance of duty imposed upon any owner or occupant of premises by Subsection B of this section shall bar the City from prosecuting any such owner or occupant for any violation of this section.

§ 238-19 Nonconforming facilities; correction by city; costs. [1]

Any sanitary closet or privy and any accessory thereto which fails to conform to the requirements of § 238-18A is hereby declared to constitute a nuisance which, if not abated as provided in § 238-18B, may be abated by the city, and the costs thereby incurred by the City shall become a debt due the City by the owner of the premises upon which such nuisance existed and shall be collectible in any manner authorized by law and, until paid, shall constitute a lien upon such premises in favor of the City.

[1] Editor's Note: For statutory provisions regarding charges against property owners for abatement of nuisances due to structures endangering the public health or safety constituting a lien against such property, see Code of Virginia, § 15.2-906.