[Adopted 4-2-1990]
A.
No person shall use any subdivision road or street
in such a manner so that the road or street thereby becomes impassible
to ordinary and normal vehicular or pedestrian traffic, and no person
shall damage or cause to deteriorate subdivision roads and streets.
B.
No person shall construct or attempt to construct
any subdivision road or street in such a manner that the road or street
is impassible to ordinary and normal vehicular or pedestrian traffic.
C.
No person shall unlawfully obstruct or encroach over, under or in
any street, highway, road, or other public right-of-way. The County
may prevent any unlawful obstruction of or encroachment over, under
or in any street, highway, road, or other public right-of-way.
[Added 6-19-2018]
[Amended 6-19-2018]
A.
Any person who shall violate either § 172-39A or B who, after being given reasonable notice, not to exceed 30 days, by the County Administrator or his duly authorized designee to repair and restore said roads or streets to the condition such roads and streets were immediately prior to the act or acts which led to the violation of § 172-39A or who constructs or attempts to construct a subdivision road or street in violation of § 172-39B and who fails or refuses after such notice to repair or restore or construct said roads or streets as aforesaid shall be liable to the County and to the property owners' association or other person or organization legally responsible or authorized to maintain and repair such roads and streets for all costs, fees and expenses, including court costs and legal fees, incurred in repairing and restoring or constructing such roads and streets as aforesaid.
C.
Any person who shall violate § 172-39C shall be subject to a penalty up to $500 for each day the obstruction or encroachment is allowed to continue. In addition to the aforementioned penalty, the County may act as follows:
(1)
The
County may remove any obstruction of or encroachment over, under or
in any street, highway, road, or other public right-of-way or place,
and charge the cost thereof to the owner or occupant of the property
so obstructing. or encroaching. The County may collect the cost in
any manner provided by law for the collection of state or local taxes.
(2)
The
County may require the owner or occupant of the property so obstructing
or encroaching to remove the property and, pending such removal, may
charge the owner of the property so obstructing or encroaching compensation
for the use of such portion of the street, highway, road, or other
public right-of-way or place obstructed or encroached upon the equivalent
of what would be the tax upon the land so occupied if it were owned
by the owner of the property so obstructing or encroaching.
For purposes of this article, the following
words and phrases are defined as follows:
Damage, wear and tear or deterioration beyond a reasonable
amount ordinarily and necessarily caused by a person using roads and
streets in motor vehicles of not more than two axles and not more
than 16,000 pounds gross weight at a speed not exceeding the applicable
speed limit.
The owner of the vehicle causing damage or deterioration
or, if the owner of the vehicle is an agent of or independent contractor
acting on behalf of another person, firm, corporation or association,
then "person" shall include such person, firm, corporation or association.
Any public highway, street, avenue, boulevard, road, lane,
alley or any other public way shown on any subdivision plat recorded
in the office of the Clerk of the Circuit Court of Warren County,
Virginia, which caused the creation of a public right of passage over
the same pursuant to Code Section 15.1-478 of the Code of Virginia,
1950, as amended, or its successor statute. "Roads" or "streets" to
which this article applies are limited to roads and streets shown
on subdivision plats which have been admitted to record pursuant to
the Warren County Subdivision Ordinance,[1] and roads and streets shown on recorded subdivision plats
which have been dedicated to the public and such dedication has been
accepted by the Board of Supervisors of Warren County, Virginia.
A division of land into lots, which lots are represented
by a plat which has been admitted to public record in the Clerk's
office of the Circuit Court of Warren County, Virginia.
