HomeMy Public PortalAbout2006_01_10_O001 Amending the TC re Dangerous and Offensive ConditionsThe Town of
Leesburg,
Virginia
ORDINANCE NO: 2006-O-01
AN ORDINANCE:
PRESENTED January 10, 2006
ADOPTED January_ 10, 2006
TO AMEND AND REORDAIN SECTION 11-38 (DANGEROUS,
OFFENSIVE, ETC., CONDITIONS ON PROPERTY GENERALLY OF
ARTICLE I (IN GENERAL) OF CHAPTER 11 (OFFENSES-
MISCELLANEOUS) OF THE CODE OF THE TOWN OF LEESBURG,
VIRGINIA, 1976, AS AMENDED.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That Section 11-38 (DANGEROUS ,OFFENSIVE, ETC., CONDITIONS ON
PROPERTY GENERALLY of Article I (IN GENERAL) of Chapter 11 (OFFENSES-
MISCELLANEOUS) of the Code of the Town of Leesburg, Virginia, 1976, as amended, be and the
same hereby is amended to replace the existing language to read as follows:
(a) It shall be unlawful for any owners of property to maintain on said property any and
all trash, garbage, refuse, litter and other substances which might endanger the health
or safety of other residents.
(b) Upon notice from the Town, a property owner shall within five (5) days remove all
trash, garbage, refuse, litter and other substances. In the event the property owner
fails to comply with said notice, the Town through its agents or employees may elect
to remove the trash, garbage, refuse, litter and/or other substances, in which event the
cost or expenses thereof shall be chargeable to and paid by the owners of such
property and may be collected as taxes are collected.
(c) It shall be unlawful for the owners of property to permit grass weeds and other foreign
ORDINANCE:
-2-
TO AMEND AND REORDAIN SECTION 11-38 OF ARTICLE I OF
CHAPTER 11 OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA,
1976, AS AMENDED
growth to exceed twelve (12) inches.
(d) Upon notice from the Town, a property owner shall within five (5) days cut or trim
grass, weeds and other foreign growth on such property or any part thereof to a height
no greater than twelve (12) inches. In the event the property owner fails to comply
with said notice, the Town through it agents or employees may elect to cut or trim the
grass, weeds and foreign growth, in which event the cost or expenses thereof shall be
chargeable to and paid by the owners of such property and may be collected as taxes
are collected.
(e) 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 of the Code of Virginia, as amended. The Town 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.
(f) Any violations of the section shall be subject to a civil penalty of $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
ORDINANCE:
-3-
TO AMEND AND REORDAIN SECTION 11-38 OF ARTICLE I OF
CHAPTER 11 OF THE CODE OF THE TOWN OF LEESBURG, VIRGINIA,
1976, AS AMENDED
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. The civil penalties are in addition to any costs the property owner incurs as a
result of the failure to comply with this section.
(g) In the event three civil penalties have been previously imposed on the same property
owner for the same or similar violation, not arising from the same set of operative
facts, within a 24-month period, the fourth violation shall be a Class 3 misdemeanor.
SECTION II. Severability. If any provision of this ordinance is declared invalid, the
decision shall not affect the validity of the ordinance as a whole or any remaining provisions of
the ordinance.
SECTION III. This Ordinance shall become effective upon the date and at the time of its
final passage.
PASSED this l0th day of January 2006.
ATTEST:
of Council (~~' tj
O6:AMENDSEC 11-38
tattd, Mayor
Town of Leesburg