§ 34-1. Grass and weeds.
(a)
The owner of occupied or vacant property, whether developed or undeveloped, shall cut any grass or weeds on the property so that such growth is eight inches or less in height.
(b)
The town (through its agents, contractors, or employees) may cut the grass or weeds at the owner's expense if the owner fails to do so after a written notice is provided under this subsection. A written notice from the town shall be mailed to the owner at the address shown on the town's tax records and shall state that the town may cut the grass or weeds if the owner fails to do so within seven days from the date the notice is mailed. For the purposes of this section, one notice per growing season shall constitute adequate and reasonable notice, but the town may elect to provide additional notices.
(c)
If the town (through its agents, contractors, or employees) cuts the grass or weeds, the town's costs and expenses shall be charged to the property owner. The costs shall constitute a lien against such property ranking on a parity with liens for unpaid local real estate taxes and may be collected in the same manner.
(d)
In addition to liability for the town's costs of cutting the grass or weeds, persons who fail to comply with a notice issued pursuant to this section shall be subject to civil penalties as follows:
(1)
$50.00 for the first violation or violations arising from the same set of operative facts; or
(2)
$200.00 for subsequent violations not arising from the same set of operative facts within 12 months of a first violation.
In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period.
(e)
A violation of this section following the imposition of three civil penalties imposed within a 24-month period on the same person for the same or similar violations not arising from the same operative facts shall be a Class 3 misdemeanor.
(f)
The provisions of this section shall not apply to land zoned for or legally in active farming operation.
(Ord. No. 100, 2-20-18)
Editor's note— Ord. No. 100, adopted Feb. 20, 2018, repealed the former § 34-1, and enacted a new § 34-1 as set out herein. The former § 34-1 pertained to accumulations of trash, weeds, litter and other like substances on premises and derived from Code 1977, § 9-2 and Res. No. 12, adopted May 16, 1994.
State Law reference— Removal of trash, garbage, weeds, etc., Code of Virginia, § 15.1-11.
(Ord. No. 100, 2-20-18)
State law reference
Removal of trash, garbage, weeds, etc., Code of Virginia, § 15.1-11.