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HomeMy Public PortalAbout1976_04_14_O006 Adding Chap 5 Building and Building Regs to the TCORDINANCE NO. 76-0-6 TOWN OF LEESBURG IN LOUDOUN.COUNTY, VIRGINIA PRESENTED 3/24/76 - 4/14/76 ADOPTED April 14~ 1976 AN ORDINANCE: ADDING A NEW CHAPTER, AMENDING SECTION 11-38 AND REPEALING SECTION 11-39 OF THE TOWN CODE. BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. That a new chapter is added to the Town Code to read as follows: CHAPTER 5 BUILDINGS AND GENERAL BUILDING REGULATIONS ARTICLE I. UNSAFE, ETC., CONDITIONS Sec. 5-1. Abatement or removal of nuisances. (a) As used in this article, the meaning of the word "nuisance" shall include but not be limited to anything dan- gerous, unwholesome, unsanitary, offensive or unhealthy, or any building, structure, or addition thereto which by reason of dilapidation, defect of structure, or other causes which may have become dangerous to life or property or which may be erected contrary to law, or any substances allowed to accumu- late in or on any place or premises, or any portion of a lot adjacent to a street where the difference in level between the lot and the street constitutes a danger to life and limb, or any grounds subject to be covered by stagnant water, or any unsafe, dangerous or unsanitary public' or private building, wall or structure which constitutes a menace to the health and safety of the occupants thereof or the public. (b) Upon information and determination that any person is creating, maintaining or permitting to exist on his premises any nuisance, the Town Manager shall cause written notice of the specific nature of the nuisance to be served on the owners or the occupants of such land and shall issue an order requir- ing such persons within a reasonable time to abate or obviate the condition or nuisance, such notice and order to be sent by certified mail to the last known address of the owners or occu- pants. The time allowed the owner to abate and obviate the nuisance shall include a reasonable period necessary to permit -2- correction and elimination of the violation taking weather conditions and the actual time required for completion of the work into account as well as the extent of hazard to the public caused by the nuisance. (c) If the owners of the properties or premises af- fected by the provisions of this section fail to comply with the notice and order in the time allowed, the Town Manager shall cause the minimum work required to abate or obviate the nuisance to be done at the expense of the Town and the amount of money so expended shall be recovered from the own- ers or occupants as provided herein. (d) In the event the Town has abated or obviated the nuisance, the owners or occupants shall be notified that the Town has done so and shall be given an itemized cost thereof by certified mail. If the sum due to the Town has not been paid within 15 days from receipt of such notice, the Town Manager shall and is authorized to distrain therefor goods or chattels within the Town to collect the sum due, or to treat the unpaid sum as a lien against the property superior to the interests of any owner, lessee or tenant, and next in succession to the Town real estate taxes thereon and to add the charges to the amount due for the current Town real es- tate taxes on said property. Sec. 5-2. Weeds and other foreign growth on property. The owners or occupants of property in the Town shall cut the grass, weeds and other growth on the areas of such property within 200 feet of an improved public right-of-way or property line adjoining a developed lot whenever such grass, weeds and other growth have reached a height of 12 inches or more, or in any event at least twice every year, once between May 1 and June 15 and once between August 1 and September 15. Upon information that grass, weeds and other growth ex- ists in violation of this section, the Town Manager shall cause written notice to be served by certified mail on the owners or occupants of the property that such grass, weeds and growth exist in violation of this section and requiring such owners or occupants to cut such grass, weeds and growth within ten days after receipt of such notice and order. If the owners or occupants of such lands fail to comply with the notice and order in the time allowed, the Town Mana- ger shall cause the work required to cut the grass, weeds and other growth at the expense of the Town by its own agents or employees and the amount of money so expended shall be re- covered from the owners or occupants as provided herein. -3- In the event the Town has cut the grass, weeds and other growth on such land, the owners or occupants shall be noti- fied that the Town has done so and shall be given an itemized cost thereof by certified mail. If the sum due to the Town has not been paid within 15 days from receipt of such notice, the Town Manager shall and is authorized to distrain therefor goods or chattels within the Town to collect the sum due, or to treat the unpaid sum as a lien against the property super- ior to the interests of any owner, lessee or tenant, and next in succession to the Town real estate taxes thereon and to add the charges to the amount due for the current Town real estate taxes on said property. SECTION II. That Section 11-38 of the Town Code is here- by amended to read as follows: Sec. 11-38. Dangerous, offensive~ etc.~ conditions on property generally. (a) It shall be unlawful for any person to create, main- tain or Permit to exist on his premises anything dangerous, of- fensive or unhealthy, or any nuisance, building, structure or addition thereto, which by reason of dilapidation, defect of structure, or other causes may have become dangerous to life or property or which may be erected contrary to law. (b) On complaint of any police officer or citizen of the municipality, the proper officer shall issue a warrant summon- ing the person responsible for the condition or situation which is in violation of this section on a date designated in such warrant. (c) If, after trying a case upon a warrant issued as pro- vided in this section, the court shall find the defendant guilty of violating this section, the court shall give the defendant a reasonable time, not to exceed 30 days, in which to place his property in such condition as will not involve a violation of this section, if in the judgment of the Court, the violation is not corrected within the time prescribed in the judgment, the court shall impose a fine of not less than $5.00 nor more than $25.00 per day, such fine to commence at the expiration of the time allowed in the judgment of the court for the cor- rection of the violation. SECTION III. That Section 11-39 of the Town Code is here- by repealed. -4- SECTION IV. That an emergency is declared and this ordi- nance shall be in full force and effect from and after its pas- sage. PASSED this 14th day of April , 1976. ATTEST: G. Dewey i ~Mayor Town of Leesburg Clerk of ~nncil