§ 15.2-901. Locality may provide for removal or disposal of trash, cutting ofgrass and weeds; penalty in certain counties; penalty.
A. Any locality may, by ordinance, provide that:
1. The owners of property therein shall, at such time or times as thegoverning body may prescribe, remove therefrom any and all trash, garbage,refuse, litter and other substances which might endanger the health or safetyof other residents of such locality; or may, whenever the governing bodydeems it necessary, after reasonable notice, have such trash, garbage,refuse, litter and other like substances which might endanger the health ofother residents of the locality, removed by its own agents or employees, inwhich event the cost or expenses thereof shall be chargeable to and paid bythe owners of such property and may be collected by the locality as taxes arecollected;
2. Trash, garbage, refuse, litter and other debris shall be disposed of inpersonally owned or privately owned receptacles that are provided for suchuse and for the use of the persons disposing of such matter or in authorizedfacilities provided for such purpose and in no other manner not authorized bylaw;
3. The owners of vacant developed or undeveloped property therein, includingsuch property upon which buildings or other improvements are located, shallcut the grass, weeds and other foreign growth on such property or any partthereof at such time or times as the governing body shall prescribe; or may,whenever the governing body deems it necessary, after reasonable notice asdetermined by the locality, have such grass, weeds or other foreign growthcut by its agents or employees, in which event the cost and expenses thereofshall be chargeable to and paid by the owner of such property and may becollected by the locality as taxes are collected. In the Cities of ColonialHeights, Newport News, Williamsburg, and Winchester, and in a locality withinPlanning District 8, an ordinance adopted pursuant to this subdivision mayalso apply to owners of occupied property therein. No such ordinance adoptedby any county shall have any force and effect within the corporate limits ofany town. No such ordinance adopted by any county having a density ofpopulation of less than 500 per square mile shall have any force or effectexcept within the boundaries of platted subdivisions or any other areas zonedfor residential, business, commercial or industrial use.
B. Every charge authorized by this section with which the owner of any suchproperty shall have been assessed and which remains unpaid shall constitute alien against such property ranking on a parity with liens for unpaid localtaxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. Alocality may waive such liens in order to facilitate the sale of theproperty. Such liens may be waived only as to a purchaser who is unrelated byblood or marriage to the owner and who has no business association with theowner. All such liens shall remain a personal obligation of the owner of theproperty at the time the liens were imposed.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, not to exceed$50 for the first violation, or violations arising from the same set ofoperative facts. The civil penalty for subsequent violations not arising fromthe same set of operative facts within 12 months of the first violation shallnot exceed $200. Each business day during which the same violation is foundto have existed shall constitute a separate offense. In no event shall aseries of specified violations arising from the same set of operative factsresult in civil penalties that exceed a total of $3,000 in a 12-month period.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
(Code 1950, § 15-14; 1962, cc. 400, 623, § 15.1-11; 1964, c. 31; 1968, c.423; 1974, c. 655; 1978, c. 533; 1983, cc. 192, 390; 1990, c. 177; 1992, c.649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740; 2001, c. 750;2003, c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641.)
§ 15.2-901. Locality may provide for removal or disposal of trash, cutting ofgrass and weeds; penalty in certain counties; penalty.
A. Any locality may, by ordinance, provide that:
1. The owners of property therein shall, at such time or times as thegoverning body may prescribe, remove therefrom any and all trash, garbage,refuse, litter and other substances which might endanger the health or safetyof other residents of such locality; or may, whenever the governing bodydeems it necessary, after reasonable notice, have such trash, garbage,refuse, litter and other like substances which might endanger the health ofother residents of the locality, removed by its own agents or employees, inwhich event the cost or expenses thereof shall be chargeable to and paid bythe owners of such property and may be collected by the locality as taxes arecollected;
2. Trash, garbage, refuse, litter and other debris shall be disposed of inpersonally owned or privately owned receptacles that are provided for suchuse and for the use of the persons disposing of such matter or in authorizedfacilities provided for such purpose and in no other manner not authorized bylaw;
3. The owners of vacant developed or undeveloped property therein, includingsuch property upon which buildings or other improvements are located, shallcut the grass, weeds and other foreign growth on such property or any partthereof at such time or times as the governing body shall prescribe; or may,whenever the governing body deems it necessary, after reasonable notice asdetermined by the locality, have such grass, weeds or other foreign growthcut by its agents or employees, in which event the cost and expenses thereofshall be chargeable to and paid by the owner of such property and may becollected by the locality as taxes are collected. In the Cities of ColonialHeights, Newport News, Williamsburg, and Winchester, and in a locality withinPlanning District 8, an ordinance adopted pursuant to this subdivision mayalso apply to owners of occupied property therein. No such ordinance adoptedby any county shall have any force and effect within the corporate limits ofany town. No such ordinance adopted by any county having a density ofpopulation of less than 500 per square mile shall have any force or effectexcept within the boundaries of platted subdivisions or any other areas zonedfor residential, business, commercial or industrial use.
B. Every charge authorized by this section with which the owner of any suchproperty shall have been assessed and which remains unpaid shall constitute alien against such property ranking on a parity with liens for unpaid localtaxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. Alocality may waive such liens in order to facilitate the sale of theproperty. Such liens may be waived only as to a purchaser who is unrelated byblood or marriage to the owner and who has no business association with theowner. All such liens shall remain a personal obligation of the owner of theproperty at the time the liens were imposed.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, not to exceed$50 for the first violation, or violations arising from the same set ofoperative facts. The civil penalty for subsequent violations not arising fromthe same set of operative facts within 12 months of the first violation shallnot exceed $200. Each business day during which the same violation is foundto have existed shall constitute a separate offense. In no event shall aseries of specified violations arising from the same set of operative factsresult in civil penalties that exceed a total of $3,000 in a 12-month period.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
(Code 1950, § 15-14; 1962, cc. 400, 623, § 15.1-11; 1964, c. 31; 1968, c.423; 1974, c. 655; 1978, c. 533; 1983, cc. 192, 390; 1990, c. 177; 1992, c.649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740; 2001, c. 750;2003, c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641.)
§ 15.2-901. Locality may provide for removal or disposal of trash, cutting ofgrass and weeds; penalty in certain counties; penalty.
A. Any locality may, by ordinance, provide that:
1. The owners of property therein shall, at such time or times as thegoverning body may prescribe, remove therefrom any and all trash, garbage,refuse, litter and other substances which might endanger the health or safetyof other residents of such locality; or may, whenever the governing bodydeems it necessary, after reasonable notice, have such trash, garbage,refuse, litter and other like substances which might endanger the health ofother residents of the locality, removed by its own agents or employees, inwhich event the cost or expenses thereof shall be chargeable to and paid bythe owners of such property and may be collected by the locality as taxes arecollected;
2. Trash, garbage, refuse, litter and other debris shall be disposed of inpersonally owned or privately owned receptacles that are provided for suchuse and for the use of the persons disposing of such matter or in authorizedfacilities provided for such purpose and in no other manner not authorized bylaw;
3. The owners of vacant developed or undeveloped property therein, includingsuch property upon which buildings or other improvements are located, shallcut the grass, weeds and other foreign growth on such property or any partthereof at such time or times as the governing body shall prescribe; or may,whenever the governing body deems it necessary, after reasonable notice asdetermined by the locality, have such grass, weeds or other foreign growthcut by its agents or employees, in which event the cost and expenses thereofshall be chargeable to and paid by the owner of such property and may becollected by the locality as taxes are collected. In the Cities of ColonialHeights, Newport News, Williamsburg, and Winchester, and in a locality withinPlanning District 8, an ordinance adopted pursuant to this subdivision mayalso apply to owners of occupied property therein. No such ordinance adoptedby any county shall have any force and effect within the corporate limits ofany town. No such ordinance adopted by any county having a density ofpopulation of less than 500 per square mile shall have any force or effectexcept within the boundaries of platted subdivisions or any other areas zonedfor residential, business, commercial or industrial use.
B. Every charge authorized by this section with which the owner of any suchproperty shall have been assessed and which remains unpaid shall constitute alien against such property ranking on a parity with liens for unpaid localtaxes and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. Alocality may waive such liens in order to facilitate the sale of theproperty. Such liens may be waived only as to a purchaser who is unrelated byblood or marriage to the owner and who has no business association with theowner. All such liens shall remain a personal obligation of the owner of theproperty at the time the liens were imposed.
C. The governing body of any locality may by ordinance provide thatviolations of this section shall be subject to a civil penalty, not to exceed$50 for the first violation, or violations arising from the same set ofoperative facts. The civil penalty for subsequent violations not arising fromthe same set of operative facts within 12 months of the first violation shallnot exceed $200. Each business day during which the same violation is foundto have existed shall constitute a separate offense. In no event shall aseries of specified violations arising from the same set of operative factsresult in civil penalties that exceed a total of $3,000 in a 12-month period.
D. Except as provided in this subsection, adoption of an ordinance pursuantto subsection C shall be in lieu of criminal penalties and shall precludeprosecution of such violation as a misdemeanor. The governing body of anylocality may, however, by ordinance provide that such violations shall be aClass 3 misdemeanor in the event three civil penalties have previously beenimposed on the same defendant for the same or similar violation, not arisingfrom the same set of operative facts, within a 24-month period. Classifyingsuch subsequent violations as criminal offenses shall preclude the impositionof civil penalties for the same violation.
(Code 1950, § 15-14; 1962, cc. 400, 623, § 15.1-11; 1964, c. 31; 1968, c.423; 1974, c. 655; 1978, c. 533; 1983, cc. 192, 390; 1990, c. 177; 1992, c.649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740; 2001, c. 750;2003, c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641.)
