[Amended 5-14-1996 by Ord. No. 96-18; 11-13-2001 by Ord. No. 01-19; 6-10-2003 by Ord. No. 03-20]
[1]
Editor's Note: For statutory provisions relating
to the authority of the City to provide for the removal of trash,
garbage, etc., weeds and other foreign growth from property by property
owners, see Code of Virginia, § 15.2-901.
For the purposes of this article, the following
words and phrases shall have the following meanings:
Mechanical equipment, household furniture, containers, and
similar items that may be detrimental to the community's well-being
when they are left in public view for 30 days or more or are allowed
to accumulate. "Clutter" includes, but is not limited to, those not
designed, built, or manufactured for outdoor use or storage.
[Added 4-11-2023 by Ord. No. 23-2]
All animal and vegetable waste resulting from the handling,
preparation, cooking or consumption of food.
Garbage, refuse, rubbish and other solid waste material.
"Refuse" shall mean all solid waste products having the character
of solids rather than liquids and which are composed wholly or partially
of materials such as garbage, trash, litter, residues from cleanup
of spills or contamination of other discarded materials.
Nonputrescible solid wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, glass, wood building debris (such as but not
limited to, nails, metal scraps, loose concrete), yard clippings,
leaves, bedding and similar materials.
Any and all rubbish or other discarded materials of an inorganic
nature.
Any plant such as jimson, burdock, ragweed, thistle, cocklebur,
honeysuckle or other similar vegetation considered undesirable, unattractive,
or troublesome.
[Amended 7-13-2010 by Ord. No. 10-24; 4-11-2023 by Ord. No. 23-2]
Whenever there exists upon any property in the
City any trash, garbage not collected by the City, refuse, rubbish,
litter, clutter, and other substances which might endanger the health,
comfort or general welfare of other residents of the City, the owner
of the property shall forthwith remove, or cause to be removed, such
materials or substances.
[Amended 9-9-2003 by Ord. No. 03-25; 6-12-2007 by Ord. No.
07-7; 7-13-2010 by Ord. No. 10-24]
A.Â
Whenever
there exists upon any developed or undeveloped property in the City,
whether vacant or occupied, any grass, weeds, or other foreign growth
which exceeds 12 inches in height, the owner shall immediately cut
such grass, weeds, or other foreign growth.
[Amended 8-13-2013 by Ord. No. 13-15]
B.Â
This section
shall not apply to wooded areas of land in their natural state.
[Amended 9-9-2003 by Ord. No. 03-25; 6-12-2007 by Ord. No.
07-7; 7-13-2010 by Ord. No. 10-24; 8-13-2013 by Ord. No. 13-15; 4-11-2023 by Ord. No. 23-2]
Whenever it appears to the City Manager or his designee that there exists upon any property in the City any trash, garbage, refuse, rubbish, litter, clutter, and other substances which might endanger the health, comfort or general welfare of other residents of the City; or whenever there exists upon any developed or undeveloped property in the City, whether vacant or occupied, any grass, weeds, or other foreign growth which exceeds 12 inches in height, the City Manager or his designee shall notify the owner of such property by written notice which shall set forth the provisions of § 244-6 or 244-7, as applicable, the location of the property, and his order for such owner to comply with the provisions of § 244-6 or 244-7.
[Amended 9-9-2003 by Ord. No. 03-25; 8-10-2004 by Ord. No.
04-19; 7-13-2010 by Ord. No. 10-24; 8-13-2013 by Ord. No. 13-15; 4-11-2023 by Ord. No. 23-2]
A.Â
The notice referred to in § 244-8 shall specify the time, not less than seven days, within which such owner shall comply with the order of the City Manager, or his designee, and the provisions of § 244-6 or § 244-7. The notice shall be sent by first-class mail to the address of the owner listed in the City Assessor's Office. The notice also shall be posted on or near the front door of the dwelling located on the real property in violation.
B.Â
As to any property with grass, weeds, or other foreign
growth that exceeds 12 inches in height, the service of one written
notice per growing season to the property owner of record constitutes
reasonable notice; and no further notice need be provided to the owner
during the growing season.
[Amended 9-9-2003 by Ord. No. 03-25; 6-12-2007 by Ord. No.
07-7; 7-13-2010 by Ord. No. 10-24; 6-14-2016 by Ord. No. 16-20; 7-10-2018 by Ord. No. 18-24; 4-11-2023 by Ord. No. 23-2]
A.Â
Upon the failure, neglect or refusal of those so notified as provided in this article to comply within the specified time with the provisions of §§ 244-6, 244-7 and 244-8, the City Manager or his designee may, at his sole discretion, cause such trash, garbage, refuse, rubbish, litter, clutter, and other like substances which might endanger the health, comfort or general welfare of other residents of the City to be removed by the agents or employees of the City; or he may, at his sole discretion, cause to have removed, or cut and removed, by the agents or employees of the City all grass, weeds, or other foreign growth on developed or undeveloped property, whether vacant or occupied, that exceeds 12 inches in height, in which event the cost and expenses thereof shall be chargeable to and paid by the owners of such property.
B.Â
The City shall establish by competitive bidding the cost to cut and
remove grass, weeds, or other foreign growth that exceeds 12 inches
in height. To such cost, the City shall add a $100 administrative
charge for which the responsible property owner is liable. In addition,
any person who, pursuant to this section, has his grass, weeds, or
other foreign growth cut and removed a second or subsequent time in
a growing season shall be subject to a civil penalty of $100 for the
second and each subsequent violation.
C.Â
For a violation of § 244-6, instead of engaging in the enforcement action specified in this section, the City Manager or his designee may pursue the criminal penalties provided for in § 244-12 of this Code; or he may simultaneously pursue both the enforcement action specified in this section and the criminal penalties specified in § 244-12.
D.Â
Every charge made pursuant to the provisions of this article and which remains unpaid for 20 or more days after giving the written notice specified in § 244-8, shall constitute a lien against the real property ranking on a parity with liens for unpaid taxes and enforceable in the same manner as prescribed by law for the collection of City taxes. The City Manager shall treat such unpaid charges as a lien against real property superior to the interests of any owner, lessee, or tenant and next in succession to the City real estate taxes on the property. The unpaid charges shall be added to the amount of City real estate taxes due on such property.
[Amended 7-13-2010 by Ord. No. 10-24]
A.Â
Except
as provided herein, no person who owns or is in possession of, in
charge of, or in control of any real property shall store, deposit,
scatter or keep on the exterior of the premises in any residential
area any of the following: lumber, scrap metal, construction materials,
machinery components, equipment, appliances, furniture not designed
and intended for exterior use, or any similar object which is not
clearly intended for outdoor use on the exterior of the premises.
Moreover, no such person shall allow for clutter on the real property.
[Amended 4-11-2023 by Ord. No. 23-2]
B.Â
This section
shall not apply to lumber, construction materials, or equipment which
is intended for use within 30 days in construction or renovation on
the premises. This section shall not apply to any lumber, construction
materials, or equipment which is intended for use in construction
or renovation on the premises for which there exists an active building
permit.
C.Â
This section
shall not apply to any object in an enclosed building or so located
upon the premises as not to be readily visible from any public place
or street or adjacent property. This section shall not apply to any
objects located in the rear yard of any premises in an area of no
more than eight feet by eight feet by six feet in height and shielded
from view by a covering.
D.Â
The City
Manager or his designee, upon observation or upon complaint that conditions
exist on any real property in the City that violate this section,
shall investigate the conditions existing upon such property. If as
a result of such investigation the City Manager or his designee determines
that the property owner, occupant or tenant is in violation of this
section, the City Manager or his designee shall give written notice
by first-class mail to the owner at the address listed in the records
of the City Assessor, specifying the nature of the violation and directing
the person to take such action within the time specified in the notice,
which shall be not less than seven days, as necessary to rectify the
violation identified in the notice. A copy of the notice of violation
also shall be posted on or near the front door of the dwelling located
on the real property that is in violation.
[Amended 4-11-2023 by Ord. No. 23-2]
[Amended 7-13-2010 by Ord. No. 10-24; 8-13-2013 by Ord. No. 13-15; 4-11-2023 by Ord. No. 23-2]
A.Â
Every
person who shall fail, refuse, or neglect to comply with the order
of the City Manager or his designee, or who otherwise violates the
provisions of this article, shall upon conviction thereof, be punished
by the following fine:
