Bill Text: VA HB263 | 2010 | Regular Session | Chaptered
Bill Title: Grass; adds City of Winchester to list of localities authorized to require cutting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-04-11 - Governor: Acts of Assembly Chapter text (CHAP0403) [HB263 Detail]
Download: Virginia-2010-HB263-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That § 15.2-901 of the Code of Virginia is amended and reenacted as follows: §15.2-901. Locality may provide for removal or disposal of trash, cutting of grass 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 the governing body 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 such locality; or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter and other like substances which might endanger the health of other residents of the locality, 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 locality as taxes are collected; 2. Trash, garbage, refuse, litter and other debris shall be disposed of in personally owned or privately owned receptacles that are provided for such use and for the use of the persons disposing of such matter or in authorized facilities provided for such purpose and in no other manner not authorized by law; 3. The owners of vacant developed or undeveloped property
therein, 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 as the governing body shall prescribe;
or may, whenever the governing body deems it necessary, after reasonable notice
as determined by the locality, 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 locality as taxes are collected. In the Cities of Newport News B. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes 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. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. C. The governing body of any locality may by ordinance provide that violations 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 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. 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 a total of $3,000 in a 12-month period. D. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation. |