HomeMy Public PortalAbout2022_05_24_O014 Clutter Ordinance The Town of
Leesburg,
Virginia PRESENTED: May 24, 2022
ORDINANCE NO. 2022-0-014 ADOPTED: May 24,2022
AN ORDINANCE: AMENDING TOWN CODE CHAPTER 22 TO ADOPT A
PROHIBITION ON CLUTTER
WHEREAS, Virginia Code § 15.2-901 was amended effective July 1, 2021 to enable
localities to adopt ordinances regulating "clutter"; and
WHEREAS, Town residents' have expressed concerns over various items left in open
view on private properties within the Town; and
WHEREAS, adoption of an ordinance regulating clutter would address such concerns
and is in the best interest of the Town; and
THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. That the Town Code of Leesburg, Virginia (or the Town Code), is hereby
amended by adding a section to be number 22-12, which said section reads as follows:
Section 22-12. Clutter prohibited.
(a) For the purposes of this section, the following terms shall have the following
definitions:
(1) "Clutter" means mechanical equipment, household furniture, containers, and
similar items that may be detrimental to-the well-being of a community when
they are left in public view for an extended period or are allowed to
accumulate. Items that constitute clutter include those not designed, built, or
manufactured for outdoor use or storage.
(2) "Extended period" means sixty (60) days or more.
(b) Except on land zoned for or in active agricultural operation, it shall be unlawful for
the owners of property to permit clutter on the property, unless stored within a fully
enclosed building or structure, or completely screened by a solid, rigid, six-foot
opaque fence composed of standard fencing materials. Placing, draping, or securing
of a tarpaulin or other non-rigid cover over and around the clutter shall not be
sufficient to comply with the requirements of this section. Notwithstanding the
foregoing, clutter that is enclosed or screened in such a manner, but that is deemed
a hazard to the health or safety of other residents, shall not be permitted.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 22 TO ADOPT A
PROHIBITION ON CLUTTER
(c) The zoning administrator shall be designated as the Code Enforcement Official to
whom all complaints of noncompliance with the provisions of this article shall be
directed.
(1) The Code Enforcement Official, or designee, shall be authorized to conduct
any and all reasonable or necessary inspections as reported via a complaint
or as observed by the Code Enforcement Official, from any public right-of-
way or means of public ingress and egress.
(2) The Code Enforcement Official shall prepare a written notice, posted on the
property and delivered via certified receipt mail, which specifically identifies
all violations of this article and the steps necessary to abate the violation.
(d) Upon notice of violation(s), a property owner or occupant shall remove from the
property within thirty(30) days the items deemed by the town to be clutter.
(1) The owner or occupant may request a hearing with the town manager, in
writing, within fifteen (15) days of the date of the notice. In the event the
owner or occupant requests a hearing, the town manager shall set a hearing
and notify the owner or occupant of the time and location of the hearing, to
be held within ten (10) days from the date of the manager's receipt of the
request for a hearing. The town will postpone any enforcement action until
after the date and time set for the hearing.
(2) In the event the owner or occupant fails to comply with said notice, fails to
pay any civil penalties imposed in accordance with Section 22-12(e), or incurs
a second notice of violation from the same set of operative facts within a 12-
month period, the town through its agents or employees, may elect to clear
and dispose of the clutter. 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) Any violations of this section shall be subject to a civil penalty of$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 a total of$3,000.00 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.
(f) In the event three civil penalties have been previously imposed on the same property
owner for the same or similar violation, as described in this section and not arising
from the same set of operative facts, within a 24-month period, the fourth violation
shall be a class 3 misdemeanor.
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AN ORDINANCE: AMENDING TOWN CODE CHAPTER 22 TO ADOPT A
PROHIBITION ON CLUTTER
(g) 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 Code of Virginia, title 58.1, ch. 39, arts. 3 and 4
(Code of Virginia, §§58.1-3940 et seq., 58.1-3965 et seq.).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. 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 therefore 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 estate taxes on said property
State Law reference - Code of Virginia, § 15.2-901.
SECTION II. This ordinance shall be in effect upon its passage.
PASSED this 24th day of May, 2022.
Kelly B rk, or
Town of Leesburg
ATTEST:
(eZze:444, 20.62.4.?
Clerk of Council