[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:
CLUTTER
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]
GARBAGE
All animal and vegetable waste resulting from the handling, preparation, cooking or consumption of food.
LITTER
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.
RUBBISH
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.
TRASH
Any and all rubbish or other discarded materials of an inorganic nature.
WEEDS
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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]
[1]
Editor's Note: Former § 244-11, Unpaid charges to constitute lien, as amended 6-12-2007 by Ord. No. 07-7 and 7-13-2010 by Ord. No. 10-24, was repealed 4-11-2023 by Ord. No. 23-2. Ordinance No. 23-2 also renumbered former § 244-11.1 as § 244-11.
[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. 
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:
(1) 
First offense: $100;
(2) 
Second offense: $200;
(3) 
Third and subsequent offense: a minimum of $300 and a maximum of $500, at the Court's discretion.
B. 
The criminal penalties specified in Subsection A of this section shall not apply to violations relating to tall grass, weeds, or other foreign growth.