§ 11-32. Unlawful conditions of weeds, grass, shrubbery, trees and other vegetation generally.

(a)

Occupied property. This paragraph shall not apply to land zoned for or in an active farming operation.

(1)

No owner of occupied residential real property shall permit to remain on such property or any part thereof a grass or lawn area of less than one-half-acre when growth on such grass or lawn area exceeds 12 inches in height.

(2)

No owner of any occupied developed or undeveloped property, including property upon which buildings or other improvements are located, within the boundaries of platted subdivisions or any other areas zoned for residential, office, commercial, or industrial use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess of 18 inches in height unless located in areas within the property that are used for pastures, under cultivation, forested, subject to utility transmission easements, or where the vegetative growth is regulated under state or federal laws or programs.

(b)

Vacant property. This paragraph does not apply to land zoned for or in an active farming operation. No owner of any vacant developed or undeveloped property, including property upon which buildings or other improvements are located, within the boundaries of platted subdivisions or any other areas zoned for residential, office, commercial, or industrial use shall permit to remain thereon, any grass, weeds, or other uncontrolled vegetation in excess of 18 inches in height unless located in areas within the property that are used for pastures, under cultivation, forested, subject to utility transmission easements, or where the vegetative growth is regulated under state or federal laws or programs.

(c)

Occupied and vacant property. No owner of any lot or parcel of land shall permit to grow or remain thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or, in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk, thereby endangering such persons and vehicles.

(d)

Disposal of vegetation. Upon remedying any unlawful condition hereunder, the owner shall dispose of such vegetation in a manner that eliminates any potential fire hazard.

(e)

County's authority to act. Whenever the county administrator, or an official designated by him, has determined that any such unlawful condition exists, he shall send written notice to the property owner notifying the property owner (i) that such determination has been made and (ii) that the owner shall cut the grass, weeds, or other uncontrolled vegetation within the time specified in the notice. Such notice shall be delivered by hand or sent by first class mail to the last address listed for the property owner on the county's real estate assessment records for the property. One written notice per growing season to the owner of record of the subject property shall be considered reasonable notice.

If such grass, weeds, or other uncontrolled vegetation are not cut within the required time, a county official designated by the county administrator shall cause them to be cut, and the costs and expenses thereof, including an administrative charge of $35.00, shall be billed to the property owner and, if not paid, shall be added to and collected in the same manner as real estate taxes are collected. The county administrator or his designee shall certify the costs and expenses to the treasurer of the county, who shall collect such amount; if such amount shall remain unpaid for a period of 60 days, then the treasurer shall certify such charges as being unpaid to the clerk of the circuit court of the county, who shall maintain a record book of such delinquent costs and expenses in the records of the clerk's office.

(f)

Lien on property. In addition to any authority the treasurer has to place a lien through the tax collection process, costs and expenses incurred by the county to correct violations of subsections (a)(2) or (b) shall be assessed against the owner and any lien holder of the property and, if they remain unpaid, shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes, and shall be enforceable in the same manner as provided in Code of Virginia, tit. 58.1, ch. 39, arts. 3 and 4 (§§ 58.1-3940—58.1-3974), as amended. A locality 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 person who was owner of the property at the time the liens were imposed.

(g)

Penalties.

(1)

Violations of subsection (a)(2) or (b). Violations of subsection (a)(2) or (b) 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 be $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. In addition, these violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.

(2)

Violations of subsection (a)(1), (c) and (d). Any violation of subsection (a)(1), (c), and (d) shall be punishable by a civil penalty not to exceed $100.00.

(Code 1978, § 10-19.1; Ord. of 6-12-96, § 1; Ord. of 7-23-97, § 1; Ord. of 8-27-03, § 1; Ord. of 12-13-06(1), § 1; Ord. of 8-27-14; Ord. of 5-23-18(2), § 1)

State Law reference— Authorized by Code of Virginia, §§ 15.2-901, 15.2-1215, and 15.2-2009.

(Code 1978, § 10-19.1; Ord. of 6-12-96, § 1; Ord. of 7-23-97, § 1; Ord. of 8-27-03, § 1; Ord. of 12-13-06(1), § 1; Ord. of 8-27-14; Ord. of 5-23-18(2), § 1)

State law reference

Authorized by Code of Virginia, §§ 15.2-901, 15.2-1215, and 15.2-2009.