[HISTORY: Adopted by the City Council of
the City of Lexington by Ord. No.
05-8 (Ch. 11 of the 1970 Code). Amendments noted
where applicable.]
A.
The Virginia State Department of Health, organized
and existing under the laws of the state and the State Board of Health,
shall constitute the Health Department of the City and shall exercise,
perform and carry out all the powers, duties and obligations now or
hereafter prescribed by the Charter and by this Code and other ordinances
of the City insofar as the same are not inconsistent with the laws
of the state pertaining to public health and sanitation.
B.
The Council shall appropriate to the maintenance and
advancement of the Health Department such sums as in the judgment
of the Council are reasonably necessary and proper for that purpose.
The Health Director shall have power to adopt
and enforce such reasonable rules and regulations as may be deemed
necessary for health and sanitation. In the case of emergencies, such
rules and regulations shall become immediately effective.
[Amended 10-6-2022 by Ord. No. 2022-09]
A.
Purpose. In order to provide for the well-being and safety of the
general public, the City Council provides under the provisions of
Title 15.2 of the Code of Virginia, 1950, as amended, and any future
amendments thereto:
(1)
That the City Council, through its own agents or employees, may compel
the abatement or removal of all nuisances, including the razing or
repair of all unsafe, dangerous or unsanitary public or private buildings,
walls or structures which constitute a menace to the health and safety
of the occupants thereof or the public.
(2)
That the City Council, through its own agents or employees, may abate
or obviate the condition or nuisance, if the owner or owners, occupant
or occupants of such property or premises, after reasonable notice,
shall fail to abate or obviate the condition or nuisance.
B.
Definitions.
(1)
Nuisance.
(a)
"Nuisance" is defined as in Code of Virginia, § 15.2-900.
("The term 'nuisance' includes, but is not limited to, dangerous
or unhealthy substances which have escaped, spilled, been released
or which have been allowed to accumulate in or on any place and all
unsafe, dangerous, or unsanitary public or private buildings, walls,
or structures which constitute a menace to the health and safety of
the occupants thereof or the public.")
(b)
Additional examples of conditions that may be considered a nuisance
are found in Code of Virginia, § 15.2-1115 ("nuisances,
including but not limited to the removal of weeds from private and
public property and snow from sidewalks; the covering or removal of
offensive, unwholesome, unsanitary or unhealthy substances allowed
to accumulate in or on any place or premises; the filling in to the
street level, fencing or protection by other means, of the portion
of any lot adjacent to a street where the difference in level between
the lot and the street constitutes a danger to life and limb; the
raising or draining of grounds subject to be covered by stagnant water;
and the razing or repair of all unsafe, dangerous or unsanitary public
or private buildings, walls or structures which constitute a menace
to the health and safety of the occupants thereof or the public.")
(2)
"Repair" may include maintenance work to the exterior of a building
to prevent deterioration of the building or adjacent buildings.
(3)
Reasonable notice.
(b)
A written notice sent by registered or certified mail to, or
posted at, the last known address of the property owner as shown on
the current real estate tax assessment books or current real estate
tax assessment records shall be deemed sufficient notice to the property
owner and shall satisfy the notice requirements of this section.
(c)
No action shall be taken by the City to remove, repair, or secure
any building, wall, or other structure for at least 30 days following
the later of the return of the receipt or newspaper publication, except
that the City may take action to prevent unauthorized access to the
building within seven days of such notice if the structure is deemed
to pose a significant threat to public safety and such fact is stated
in the notice.
C.
Cost recovery.
(1)
The cost of abating or obviating the nuisance shall be charged to
and collected from the owner or owners, occupant or occupants of the
property affected in any manner provided by law for the collection
of state or local taxes.
(2)
Every charge authorized by this section in excess of $200 which has
been assessed against the owner of any such property and which remains
unpaid shall constitute a lien against such property. Such liens shall
have the same priority as liens for other unpaid local real estate
taxes and shall be enforceable in the same manner as provided in Article
3 (§ 58.1-3940 et seq.) and Article 4 (§ 58.1-3965
et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950,
as amended.
(3)
The City Council may waive such liens in order to facilitate the
sale of the property 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.
D.
Notwithstanding the foregoing, with the written consent of the property
owner, the City may, through its agents or employees, demolish or
remove a derelict nonresidential building or structure provided that
such building or structure is neither located within nor determined
to be a contributing property within a state or local historic district
nor individually designated in the state landmarks register. The property
owner's written consent shall identify whether the property is
subject to a first lien evidenced by a recorded deed of trust or mortgage
and, if so, shall document the property owner's best reasonable
efforts to obtain the consent of the first lienholder or the first
lienholder's authorized agent. The costs of such demolition or
removal shall constitute a lien against such property. In the event
the consent of the first lienholder or the first lienholder's
authorized agent is obtained, such lien shall rank on a parity with
liens for unpaid local taxes and be enforceable in the same manner
as provided in this section. In the event the consent of the first
lienholder or the first lienholder's authorized agent is not
obtained, such lien shall be subordinate to that first lien but shall
otherwise be subject to this section.
The City Manager is hereby empowered, authorized
and directed to exercise all the rights created by laws of the state
with reference to the enforcement and maintenance of health regulations,
insofar as such laws can be exercised by a City Manager and are applicable,
and such laws are hereby interpolated as a part of this Code and shall
constitute an ordinance of the City, except insofar as the same may
be in conflict with the Charter of the City and ordinances and provisions
of this Code enacted in pursuance thereto. In the event of such conflict
the Charter and such Code provisions and ordinances shall control.
No discharge from any bathtub, hydrant or other
water fixture shall be permitted to flow into the streets, upon the
sidewalk or upon the premises of adjoining property owners. Under
no circumstances shall discharge from kitchen sinks or slops from
a kitchen be turned, dumped or poured into the streets or in such
a way as to run onto a street.
If upon any ground within the City there shall
be found a natural drain or running water, the owner or occupant thereof,
or abutting property owners, shall be required to keep the same clean,
free and unobstructed from garbage or vegetation upon order of the
Health Director. If stagnant water or marshy places shall be found
upon any premises in the City, the owner or occupant thereof shall
be required to drain the stagnant water or fill up such marsh forthwith
upon the order of the Health Director. Upon failure to comply, the
City Manager is hereby authorized to accomplish the same at the expense
of the City, and such costs, together with such additional fine as
may be imposed, shall be collected as other fines for the violation
of the provisions of this Code and other City ordinances.
A.
Adoption of rules and regulations of State Department of Health. All provisions and rules and regulations of the Department of Health of the state relative to restaurants are hereby adopted and made a part of this chapter as fully as though set out herein. It shall be unlawful for any person to fail, neglect or refuse to comply with the provisions and requirements of the sections hereby adopted, and any person so failing, neglecting or refusing to comply with such provisions and requirements shall be punished as provided in Chapter 1, § 1-6 of this Code.
B.
Exemption of certain fairs and youth athletic activities
from Title 35.1. Title 35.1 of the Code of Virginia (1950), as amended,
regulating hotels, restaurants, summer camps and campgrounds, shall
not apply to:
(1)
Food booths at festivals, fairs, and similar events,
if such booths are promoted or sponsored by any political subdivision
of the commonwealth or by any charitable nonprofit organization or
group thereof.
(2)
Concession stands at youth athletic activities, if
such stands are promoted or sponsored by either a youth athletic association
or any charitable nonprofit organization or group thereof which has
been recognized as being part of the recreational program of the City
by an ordinance or resolution of the City Council.
