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