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 Alleghany County
 Code of Ordinances
 Chapter 46. OFFENSES—MISCELLANEOUS

  § 46-3. Provide for removal of trash, garbage, etc., weeds and other foreign growth; disposal of trash and garbage.  

Latest version.

  • (a)

    The owners of property located in the county shall, at such time or times as the county may prescribe, remove therefrom any and all trash, garbage, refuse, litter, and other substances which might endanger the health or safety of other residents of the county. Whenever the county deems it necessary, it may, after reasonable notice, have such trash, garbage, refuse, litter, and other like substances which might endanger the health of other residents of the county, removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the county as taxes and levies are collected. One notice per set of operative facts in any 12-month period shall be sufficient notice for the purposes of this subsection.

    (b)

    The owners of vacant developed or undeveloped property in the county within the boundaries of platted subdivisions or any other areas zoned for residential, business, commercial or industrial use, including such property upon which buildings or other improvements are located, shall cut the grass, weeds and other foreign growth on such property or any part thereof at such time or times such growth exceeds ten inches in height. Whenever the county deems it necessary, it may after reasonable notice, have such grass, weeds, or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the county as taxes and levies are collected. One notice per growing season shall be sufficient notice for the purposes of this subsection.

    (c)

    Violations of this section, in addition to the remedies set forth in subsections (a) and (b) shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed $3,000.00 in a 12-month period.

    (d)

    That every charge authorized by this section with which the owner and lien holder of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity of liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3940 et seq. and 58.1-3965 et seq. The county may waive such liens in order to facilitate the sale of the property to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner; provided, however, that such liens shall remain personal obligations of the owner of the property at the time the liens were imposed.

    (Amdmt. No. O-05-11, 8-2-05; Amdmt. No. O-17-4, 8-1-17)

    State Law reference— Code of Virginia, § 15.2-901.

(Amdmt. No. O-05-11, 8-2-05; Amdmt. No. O-17-4, 8-1-17)

State law reference

Code of Virginia, § 15.2-901.