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HomeMy WebLinkAbout96-23~cLi~oce m. 96-Zi Ordinance Amending Town Code Provisions Dealing With Tras}~ Weeds, inoperable Vehicles, Buildings & Nuisances Adopted: June 28, 1996 Effective: July 1, 1996 • 400 ORDINANCE NO.96-23 Ordinance Amending Town Code Provisions Dealing With Trash, Weeds, Inoperable Vehicles, Buildings, and Nuisances • BE IT ORDAINED, by the Town Council by the Town of Pulaski, Virginia, sitting in special session on June 28, 1996, that: Chapter 7 of the Pulaski Town Code is hereby amended and readopted in the form attached hereto. 2. Former Chapter 7 and Section 10-15 of the Town Code are amended and superceded upon the effective date of the attached Chapter 7; provided, however, that for any matter in which notices had been sent under the existing ordinances, the Town administration may elect to continue those matters under the existing ordinances. This Ordinance is effective as of July 1, 1996, and is adopted by recorded vote of the Pulaski Town Council as follows: John A. Johnston Lane R. Penn Bettye H. Steger W. H. Schrader, Jr Aye Roy H. D'Ardenne, Jr. Aye ~7P W. Edgar Hale ~_ Ave Alma H. Holston AhGPnt Aye Elbert G. Black, Jr. Absent L By: Walter H. Schrader, Jr., Vice Mayor • ATTEST: Ruth Harrell Clerk of Council .~o ~ CHAPTER 7 PREMISES AND PROPERTY r~IAINTENANCE. ARTICLE 1. GENERAL PROVISIONS AND PROCEDURES. Sec. 7-1. Authority for and Purpose of Chapter. This Chapter is enacted pursuant to the Charter of the Town of Pulaski and the Code of Virginia, including but not limited to Section 2.01 of the Charter and Title 15.1 of the 1950 Code of Virginia, and general law, and in order to promote the general welfare of the Town and the safety, health, peace, good order, comfort, convenience and morals of its inhabitants. This Chapter is intended to set forth and consolidate the Town Code provisions dealing with the responsibility of citizens to keep property within the Town free of trash, refuse, debris, weeds, and inoperative vehicles; and to remove or repair unsafe buildings and to otherwise abate any public nuisance. Sec. 7-2. Relationship to other laws. Provisions of this chapter are in addition to, and not lieu of, the requirements of any Uniform codes which have been adopted by the Town of Pulaski, including but not limited to, the BOCA Basic/National Building Code, the BOCA Basic/National Existing Structures Code, the Virginia Statewide Building Code, and the Fire Prevention Code. Sec. 7-3. Court Action Authorized. Notwithstanding any other provision of this Chapter, the Town Manager is authorized to proceed to file any court proceeding which he deems appropriate to either (i.) seek injunctive relief to enforce the provisions of this Chapter; (ii.) seek a declaration of the Town's right to proceed in accordance with this Chapter; (iii.) seek judgment against the persons for costs incurred; (iv) seek a right of entry onto premises, including but not limited to premises for which the owner is not known or cannot be located; (v) and for such other purposes which are consistent with the goals of providing for the health, safety and welfare of the citizens of the Town as may be reasonably implied by the provisions of this Chapter. • ~o v Sec. 7-4. Rights of Town. Notwithstanding any provision of this chapter, the fact that the Town is authorized to take any action as set forth herein shall not mandate or obligate the Town to take such action, nor shall the Town be liable to any person or entity for its failure or refusal to take such action. Sec.7-5 Definitions As used in this Chapter, the following words and phrases shall have the meanings set forth below, in addition to meanings known by common usage: "building" shall mean and include any combination of materials having walls or a roof to form a permanent structure intended for the use or occupancy by persons or property. "garbage" shall mean the kitchen and food refuse of residences, hotels, restaurants or other places where food is prepared for human consumption and all offal fish, meat and vegetable markets and all vegetable or organic substances unfit for food which are subject to immediate decay. "inoperable motor vehicle" shall mean any motor vehicle which is not in operating condition; or which a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are displayed neither valid license plates nor a valid inspection decal. "motor vehicle", "trailer" or "semitrailer" shall have the meanings assigned to them by section 46.2-100 of the 1950 Code of Virginia. "nuisance" is used comprehensively to include any act or omission or condition that injurously effects the safety, health or morals of the public or works some such substantial, annoyance, inconvenience or injury to the public generally. "owner" of property includes the owner of fee title; and/or any person, group of persons, company, association or corporation in whose names tax bills on the property are submitted. It shall also mean any person who alone or jointly and severally with others shall have legal title to any building or building unit with or without accompanying actual possession thereof; shall have charge, care and control of any building or building unit as owner, executor, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, or other person or corporation in control of a building; or their duly authorized agent. Any such person, group of persons, company association or corporation shall have joint and several responsibility for compliance with the provisions of this article. "person responsible for real property" shall mean and include the owner or occupant of such property, and any person in possession thereof or having charge ~0 3 • thereof, as executor, administrator, trustee, guardian or agent, and the beneficiary of any easement or right of use thereof. "shielded or screened from view" shall mean kept within a fully enclosed building or structure; or, hidden from sight from outside the premises by plantings or fences; or, covered by an opaque car cover or tarp so that the body of the vehicle is completely hidden from sight from outside the premises. "trash" shall mean and include any substance other than garbage which may accumulate in the ordinary conduct of a household or business, including but not limited to automotive parts, appliances, scrap lumber or metal, bulk waste, leaves, weeds, grass, cold ashes and tree limbs from the lot, but not such as may result from land clearing activities or building construction or repair or manufacturing process. "waste" shall mean and include any garbage, refuse, sludge or other discarded material, resulting from industrial, commercial, residential, mining or agricultural operations, or community activities. Yard waste shall include accumulations of lawn, grass or shrubbery cuttings or clippings, dry leaf rakings and tree branches, free of dirt, rocks or other nonputrescible material. "weed" shall mean and include any economically useless plant; a plant that tends to choke out more desirable plants; a plant of wild or rank growth; specifically including, without limitation, the plant commonly known as Kudzu. • Sec. 7-6. Notice to Comply. (a) The Town Manager or his agent is hereby authorized and empowered to notify, in writing, the person responsible for any real property and/or the owner thereof that the property is not in compliance with the provisions of this Chapter. Such notice will describe generally the violations and the corrective actions needed to abate the violations. (b) For all violations of this Chapter except those requiring the repair or removal of buildings, notice may be personally served by an agent of the Town on the person responsible for the real property involved. The person serving such notice shall note the time, place and manner of such service on a duplicate copy of the notice, such copy to be retained by the Town Manager or his agent, provided, however, that in lieu of such personal service, such notice may be by registered or certified mail, addressed to such responsible person at his or her last-known address. If service is on anyone other than an owner, then a copy of the notice will also be mailed by registered or certified mail to the owner at the owner's address as kept on the tax records of the Town. For violations involving the repair or removal of buildings, notice shall be given when mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner; and, published in a newspaper having general • circulation in the Town at least once a week for two successive weeks. ~s y (c) Notice served or mailed to a responsible person other than the owner shall be deemed notice to the owner. Notice to one owner shall be deemed notice to all owners. (d) The notice provided for in this section shall state the time within which the action or work ordered to be done is to be completed. Such time shall be not less than seven (7) days, if personal service on an owner is had, and not less than ten (10) days, if the notice is properly mailed in accordance with subsection (b) above; provided, however, that for violations involving the repair or removal of buildings, the owner will be given at least thirty (30) days following the later of the return of the receipt or newpaper publication to bring the property into compliance. Sec. 7-7. Owner's Duty To Comply. Any owner receiving notice of a violation of this Chapter will be obligated to correct the condition and abate the problem at the owner's expense during the time period set forth in the notice. Sec. 7-8. Extensions of Time. Upon written request and for good cause shown, the Town Manager or his agent may grant an extension, which extension will not exceed in length the original time period contained in the notice. No extension will be granted unless the owner or responsible party acknowledges in writing that a violation of this chapter exists and that if corrective action is not completed in the time period allowed, the Town may enter the premises and proceed to take corrective action without further notice. Sec. 7-9. Removal by the Town-Generally. Upon the failure, neglect or refusal of any owner of real property upon whom notice has been given pursuant to this Chapter to comply within the time indicated in the notice or any extension granted by the Town, the Town Manager or his agent is authorized to have the corrective action performed by Town personnel or by contract; and the actual cost of such corrective action, including a charge for administration costs of twenty-five per cent (25%) of all other expenses, shall be charged to all owners. • S'o ~' • Sec. 7-10. Same-Collection of costs. Whenever the Town enters onto property and takes corrective action under this Chapter, the costs and expenses of such work, including the administrative costs, shall be determined and reported to the Town Finance Director. The Finance Director shall bill the person to whom the notice was directed and the owner for the total costs of such work. If such bill is not paid within thirty (30) days, the Finance Director may pursue all legal remedies for its collection from the owner. Every charge assessed and billed under this section which remains unpaid shall constitute a lien against such property. The Finance Director also shall include such total amount in the next regular tax bill for payment, and such amount shall be collected by the Finance Director as other taxes and levies are collected. Sec. 7-11. Criminal offense. The failure or refusal of an owner to comply with the notice of violation of this Chapter by taking corrective action within the time period allowed shall constitute a Class 3 • misdemeanor, and prosecution therefor shall not be barred by the Town proceeding to have the work done in accord with this article. Each day that a violation continues shall be deemed a separate offense. Sec.7-12. Nuisance. Articles II, III, IV, and V of this Chapter are in addition to, and not in limitation of, the Town's ability to declare that a public nuisance exists on premises by reason of trash, garbage, refuse, litter, grass, inoperative vehicles, unsafe buildings, or other conditions or activities. Nothing contained in this Chapter shall limit the Town's right to enter onto premises without prior notice to the owner or other responsible party where an apparently imminent danger to the safety, health, or welfare of persons or property exists. Sec. 7-13 to 7-19 Reserved. • ~o G • ARTICLE ll. ACCUMULATION OF TRASH, GARBAGE, REFUSE AND LITTER. Sec. 7-20. On-Premises Storage of Garbage and Trash. (a) It shall be unlawful for garbage to be placed, deposited or allowed to remain on premises within the Town, unless the same is placed or kept in metal or plastic containers or dumpsters with tight fitting covers; and such covers shall be kept on such containers at all times, except when the containers are being filled or emptied. Plastic or polyethylene bags, if used for on-premises storage of garbage or refuse, shall be used as liners in metal or plastic containers with tight fitting covers; and such covers shall be kept on such containers at all times except for such times as such containers are being filled or emptied. Any plastic or polyethylene bags or liners containing garbage may be placed curbside for collection not more than twenty-four (24) hours in advance of the next regular scheduled collection time for the premises. (b) No trash, refuse, or waste shall be allowed to accumulate on premises in the Town. It shall be the responsibility of the premises owner to place curbside or deliver to authorized locations, all such trash, refuse, or waste for lawful disposal. • (c) The Pulaski County Public Service Authority (the PSA) has been authorized by the Town Council to collect garbage, refuse and trash within the Town. It is authorized to promulgate rules and regulations which shall govern the approval of containers and the manner in which collections are made, and to charge such fees as are charged to othe County residents. Any person or entity who complies with the rules and regulations of the PSA relating to the collection of trash, refuse, waste, and garbage will be deemed in compliance with this article. Sec. 7-21. Unlawful dumping. r (a) No person shall dump or otherwise dispose of trash, garbage, refuse, litter or other unsightly matter on any public highway, right-of-way, waterway, property adjacent to such highway, right-of-way or waterway, or on private property without the written consent of the owner or owner's agent. (b) With any persons arrested for violation of this section, and the matter alleged to have been dumped or disposed of on the highway, right-of-way, property adjacent to such highway or right-of-way or other private property has been ejected from a motor vehicle, the arresting officer may comply with the provisions of title 46.2 of the Code of Virginia in making such arrest or issuing a summons. (c) When any violation of a provision of this section has been observed by any person and the matter dumped or disposed of on the highway, right-of-way, property • adjacent to such highway or right-of-way or other private property has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be presumed to `fD7 • be the person ejecting such trash, garbage, refuse, litter, or unsightly matter; provided, however, that such presumption shall be rebuttable by competent evidence. (d) Any person who violates this section shall be guilty of a Class I misdemeanor. Sec. 7-22 to Sec. 7-29 Reserved. ARTICLE Ill. ACCUMULATION OF WEEDS AND GRASS. Sec. 7-30. Condition prohibited. (a) It shall be unlawful for any owner of real property within the Town, including the area adjoining such property extending to the curb line or paved portion of the roadway, to permit the accumulation of any grass, weeds and brush on such property, whenever such grass, weeds and brush are in any way detrimental to the health, safety, peace, • good order, comfort, convenience, morals or general welfare of the citizens of the Town. (b) Uncut grass, weeds or brush shall not be permitted, in any case, to reach a height of eighteen (18)inches or more within one hundred (100) feet of any building or paved street; and when the same reaches such height, it shall be presumed to be detrimental to the health, safety, peace, good order, comfort, convenience, morals or general welfare of the citizens of the Town. (c) This section shall not apply to farm land, unless such farm land is within one hundred (100) feet of a building of any kind or description of another owner on an adjacent tract or parcel of land. Sec. 7-31 to 7-39 Reserved. • ~a ~ . ARTICLE IV. INOPERATIVE VEHICLES Sec.7-40. Prohibitions. (a) It shall be unlawful for any person, firm, or corporation, to keep, except when in a fully enclosed building or structure or otherwise shielded from view, on any property zoned for residential or commercial or agricultural purposes within the Town, any motor vehicle, trailer, or semitrailer, which is inoperative. (b) It shall be unlawful for any person, firm or corporation to keep outside of a fully enclosed building or structure, on such property, more than one (1) inoperative motor vehicle which is shielded or screened from view by a cover. (c) This article shall not apply to any licensed business which on June 26, 1970, was regularly engaged in businesses, automobile dealer, salvage or scrap. • Sec. 7-41. Disposal of Vehicles. a) Whenever the Town has removed vehicles after notice to the owner of the real property as set forth in Article I, the Town may, after not less than fourteen (14) days additional notice to the owner of the vehicle, dispose of said motor vehicle, trailers, or semi-trailers. The additional notice for disposal to the owner of the vehicle shall be deemed given when personally served upon the owner, or when mailed by registered or certified mail to the name and address shown on the records of the Division of Motor Vehicles for the vehicle in question. b) Whenever the Town Manager or his agent has had vehicles removed and/or disposed of pursuant to preceding sections, the costs and expenses of such work (including but not limited to the cost of removal, storage, and disposal) plus administrative costs shall be determined and reported to the Town Finance Director. The net proceeds, if any, of the sale of any vehicle will be credited against all costs incurred. (c) The cost of such removal, storage and disposal shall be chargeable jointly and severally to the owner of the vehicle and to the owner of the premises and may be collected by the Town in the same manner as taxes and levies are collected. Sec. 7-42 to 7-49 Reserved. • y~o ~ i ARTICLE V. REMOVAL, REPAIR OR SECURING OF BUILDINGS Sec. 7-50. Duties of Owner. The owner of property within the Town shall have the duty to remove, repair, or secure any building, wall, or other structure which might endanger the public health or safety of other residence of the Town. Such removal, repair, or securing shall be commenced within fourteen (14) days of the giving of a Notice as set forth in this Chapter, and shall be continued without interruption until completed. For purposes of this article, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. Sec. 51-59 Reserved. • ARTICLE Vl. PUBLIC NUISANCES /N GENERAL. Sec. 7-60. Relationship to other provisions of chapter. The provisions of this article are in addition to and not in lieu of any other provisions of this chapter or any other provision of law. Sec. 7-61. Duty of Owner to remove all public nuisances, It shall be the duty of any owner and occupant of real property within the Town to remove therefrom and abate any public nuisance thereon, including but not limited to, any condition which fosters or harbors vermin, rodents, poisonous snakes; or an accumulation of offensive, unwholesome, unsanitary, or unhealthy substances; or an accumulation of stagnate water; or any conduct or activity resulting in excessive noise, smoke, odors, or other emission from the premises which is offensive to a reasonable person outside the premises. Sec. 7-62 to 7-69 Reserved. ~i u I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance No. 96-23 Amending Town Code Provisions Dealing with Trash, Weeds, Inoperable Vehicles, Buildings & Nuisances, is a true and correct copy as adopted by the Town Council at their regular Council meeting held June 28, 1996. ~~ ~ ~~~ Ruth A. Harrell, Clerk of Council D2163 • •