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The Patrol is becoming more aggressive about weeds, trash, and abandoned autos. They have found an environmental inspector, Michael Treger (780-7436) who has been most helpful.
Here for your information are seven pages of dense prose from the City Code. This came from a pamphlet "Environmental Inspections" circulated in April, 1998 by the Department of Community Development, Bureau of Permits and Inspections. We scanned this into the computer, so please forgive any typos.
Chapter 19
Article III, Refuse; Litter and Weed Control
Sec. 19-51 Unlawful dumping
It shall be unlawful for any person to dump or otherwise dispose of trash, garbage, refuse, litter, junk, demolition materials, hazardous wastes or other offensive, unwholesome, unsightly, unsanitary or unhealthy substances on public property, including in any waters within the City, a public highway, drainage ditch, culvert, pipe, storm drain, right-of-way, property adjacent to such highway or right-of-way, or on private property without the written consent of the owner thereof or the owner's agent. (Code 1985, 25-2)
Any person convicted of violating this section shall he guilty of a Class I misdemeanor and shall be punished by a fine of not more that two thousand five hundred dollars ($2,500.00) or confinement in jail for not more than twelve months or both such fine and imprisonment.
Sec. 19-52 Unlawful accumulation
It shall be unlawful for any person who owns or occupies property within the City to permit the accumulation of trash, garbage, refuse, litter, junk, demolition materials or other offensive, unwholesome, unsightly, unsanitary or unhealthy substances on such property or on any alley, sidewalk, public right-of-way, grass strips or street abutting such property.
(Code 1985, 25-3)
Sec. 19-53 Exceptions
The provisions of Section 19-51 and 19-52 shall not apply to the following:
(1) Legally authorized junk dealers or persons legally authorized to repair, rebuild, recondition or salvage.
(2) A landfill operated by the City;
(3) A legally authorized private landfill;
(4) Trash, garbage, refuse, litter and other similar substances both commercial and non-commercial while in containers approved by the Director of Public Works or bulk items, the collection of which has been prearranged with the Director of Public Works;
Trash, garbage, refuse, litter and other similar substances while stored in containers approved by the Director of Public Works, but not for collection by the City.
(Code 1985, 25-5)
Sec. 19-54 Weeds and other vegetation
(a) It shall he a misdemeanor for any person who owns or occupies property within the City to permit any grass, plant, bushes, weeds or any other vegetation twelve (12) inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on such property.
(b) It shall be a misdemeanor for any person who owns or occupies property within the City to permit the existence on such property of any live or dead hedge, shrub, tree or other vegetation, any part of which extends or protrudes into any street, sidewalk, public right-of-way, grass strip or alley so as to obstruct or impede or threaten the safe and orderly movement of persons or vehicles.
(c) It shall be a misdemeanor for any person who owns or occupies property within the City to permit any grass, plant, bushes, weeds or any other vegetation twelve (12) inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on any sidewalk, public right-of-way, grass strip adjacent to such property or unimproved street or alley (to the centerline of such unimproved street or alley).
(Code 1985 25-4; Ord. No.89-311-289, 1, 10-23-89)
Sec. 19-55 Failure to abate violation after notice and previous conviction; notice requirements waived after previous conviction
(a) It shall be unlawful for any person, previously convicted of a violation of either Section 19-52 or 19-54 of this chapter, to fail to abate such violation. Such failure shall constitute an additional offense, and upon conviction, shall be punishable as a Class 1 misdemeanor.
(b) If any person shall be convicted of an offense pursuant to Section 19-52, Section 19-54 or Section 19-55(a) of this chapter, no new notice of violation as specified in this chapter shall be required before a citation may be issued for a violation of the provisions of Section 19-55(a), providing such citation is issued within ONE (1) YEAR of the original conviction, and further providing that the citation is for the same person or persons and the same location as the original violation.
(Ord. No.92-346-288, 1, 9-28-92)
Article IlI. Inspection, Licensing and Registration
Sec. 28-91 Motor Vehicles: Current license plates required; Owner subject to fine for failure to display
a) Pursuant to authority conferred in Section 15.1-27.1 of the Code of Virginia, as amended, there is hereby imposed a license tax of one hundred dollars ($100.00) per year upon the owner or owners of each motor vehicle located within the City, which motor vehicle does not display current license plates and which is not otherwise by law, as hereinafter set out, exempt from the display of such license plates.
b) This tax shall not apply to the following:
(1) Motor vehicles which are exempted from the requirements of displaying such license plates under the provisions of Article 6 (Section 46.2~62et seq.) of Chapter 6 of Title 46.2 or Section 46.2 - 1554 or Section 46.2 - 1555 of the Code of Virginia of 1950, as amended;
(2) Motor vehicles which are in a public dump or landfill;
(3) Motor vehicles which are in an automobile graveyard as defined in Section 33.1-348 of the Code of Virginia, or other applicable section of the Code of Virginia;
(4) Motor vehicles which are in the possession of a licensed junk dealer or licensed motor vehicle dealer;
(5) Motor vehicles which are being held or stored by or at the discretion of any governmental authority;
(6) Motor vehicles which are owned by a member of the armed forces on active duty;
(7) Motor vehicles which are regularly stored within a structure; or
(8) A vehicle placed on private property for a period not to exceed sixty (60) days for the purpose of removing parts for the repair of another vehicle.
(Ord. No. 89-1 9-28 (29-38), 2-13-89)
Sec. 28-304 Abandoned Motor vehicles on private property
a) It shall be unlawful for any person to leave any motor vehicle, trailer, or semitrailer, or part thereof, on the private property of any other person without such person's consent Upon written complaint of the owner of the property that a motor vehicle, trailer or semitrailer, or part thereof, has been left without such person's consent for more that seventy-two (72) hours, such motor vehicle, trailer, or semitrailer or part thereof, may he removed by or under the direction of a police officer to a storage garage or area. No motor vehicle, trailer or semitrailer, or part thereof, shall be so removed from private property which is normally open to the public for parking unless the owner of such property has posted or caused to be posted in a conspicuous manner a sign or signs warning that vehicles left on the property for more than seventy-two (72) hours without the property owner's consent will be towed or removed at the expense of the vehicle owner.
b) Notice of removal shall be given following removal as provided in Section 28-306(b), hereinafter; except that such notice shall afford the vehicle owner and lien holder of record sixty (60) days from the date of removal within which to reclaim the removed vehicle.
c) The person at whose request such motor vehicle, trailer, or' semitrailer, or part thereof, is removed shall indemnify the City against any loss or expense incurred by reason of removal, storage or sale thereof.
(Ord. No.84-283-353 (29-318), 11-19-84; Ord. No.87-171-163, 7-27-87)
Sec. 28-305 Inoperative Motor Vehicles on Private Property
a) It shall be unlawful for any person, firm or corporation to keep, except within a fully enclosed building or structure or otherwise shielded or screened from view, on any property zoned for residential or commercial or agricultural purposes any motor vehicle, trailer or semitrailer, or any part thereof, which is inoperative.
b) As used in this section an "inoperative motor vehicle" shall mean any motor vehicle which is not in operating condition; or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle or on which there is displayed neither valid license plates nor a valid inspection sticker.
c) Notice of abatement accordance with Section 28-306(a), hereinafter, shall be given prior to removal to the owner of the premises on which any violation of this section is found to exist.
d) Whenever the owner of the premises fails to abate a violation of this section within a reasonable time period indicated in the notice of abatement, the City Manager through an authorized designee shall cause to be removed any inoperative motor vehicle, trailer or semitrailer, or part thereof. Notice of removal shall he given in accordance with Section 28-306(b), hereinafter.
e) The cost of any such removal and of disposal in accordance with Section 28-309, hereinafter, shall be chargeable to the owner of the vehicle or premises and may be collected by the City as taxes and levies are collected.
f) Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which the vehicle was removed, the lien to continue until actual payment of such costs shall have been made to the City.
(Ord. No.84-283-252(29-319), 11-19-84; Ord. No.87-171-163,7-27-87; Ord. No.90-20-33, 1,2-26-90)
Sec. 28-306 Notice of Abatement; Notice of Removal
a) Where required under this article, notice of abatement shall be given to the owner of the property on which such noncompliance exists. Such notice shall be given in writing, shall set forth the location and nature of the noncompliance, and shall require abatement within ten (10) days from the date of the notice or such other reasonable time period in excess of ten (10) days. The notice shall advise the recipient of the right to appeal the determination of violation by submitting a written appeal to the City Manager within ten (10) days of the date of the notice of abatement. Any notice of abatement shall be served by mailing the notice or by delivery thereof in person. proof of so mailing or delivering the notice shall be sufficient evidence that the notice was served. The term "proof of mailing" shall include either the use of certified mail or a written affirmation signed by the sender that reflects the date of mailing. In the event that the last known street or post office address of all proper parties in interest cannot be determined or that all notices of abatement relating to a particular noncompliance, though duly mailed, are returned undelivered by the postal service, then the notice may be affixed to the motor vehicle, trailer or semitrailer, or part thereof, or upon the premises on which the violation is found to exist. The time period for abatement shall in such instances be three (3) days from the date of posting of the notice.
b) Upon removal a storage of any motor vehicle, trailer or semitrailer, or part thereof, in accordance with any provision of this article, notice of removal shall be sent within five (5) working days, by registered or certified mail, return receipt requested, to the owner of record of the motor vehicle, trailer, semitrailer or part thereof, and all persons having security interests of record therein. The notice shall describe the year, make, model and serial number of the motor vehicle, trailer, semitrailer, or part thereof, set forth the location where the removed property is being held, and inform the owner any other persons having security interest of their right to reclaim the removed property within thirty (30) days from the date of removal, upon payment of all towing, preservation and storage charges resulting from removal of the property. The notice of removal shall further inform the owner any person having a security interest of the right to appeal the adequacy of the cause for removal by submitting a written appeal to the City Manager within ten (10) days of the date of the notice of removal. The notice of removal shall also state the failure of the owner or persons having security interest to exercise the right to the removed property contest its removal within the time period provided shall be deemed a waiver by the owner and all persons having any security interest of all right, title and interest in the property, and consent to the sale of the removed property at a public auction. If records of the Department of Motor Vehicles contain no address for the owner or no address of any person shown by such records to have a security interest, or if the identity> and addresses of the owner and all persons having security interest cannot be determined with reasonable certainty, notice by publication once in a newspaper of general circulation in the City shall be sufficient to meet all requirements of notice of removal as to any person who cannot be otherwise notified. Such notice by publication may contain multiple listings of abandoned motor vehicles. Any such notice shall be published within fifteen (15) days of the date of removal and shall have the same contents required for a notice by mail.
The consequences and the fact of failure to reclaim an abandoned motor vehicle shall be as set forth in a notice given in accordance with and pursuant to this section.
(Ord. No.84-283-252 (29-320), 11-19-84; Ord. No.87-171-163, 7-27-87; Ord. No.90-20-33, 1, 2-26-90)
Sec. 28-307 Abatement or Removal Appeals
Upon receipt of any written appeal pursuant to Section 28-306, a hearing officer, designated by the City Manager, shall consider the appeal within ten days; provided, however, that any person afforded an opportunity for an abatement hearing need not thereafter be afforded an opportunity for a hearing upon removal for failure to abate a violation. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. Within three (3) days of the conclusion of the hearing, the hearing officer shall prepare a written decision, and a copy of the decision will be provided to the person demanding the hearing and the owner of the motor vehicle, trailer, semitrailer, or part thereof, if other than the applicant for the hearing. The hearing officer's decision as to probable cause to require abatement or to support removal shall be final.
(Ord. No.84-283-252 (29-321), 11-19-84)
Last updated 02/24/02
Please send questions or comments to John Butcher