2013-23 ORDINANCE NO. 2013-23
AN ORDINANCE AMENDING CHAPTER ON 38-53,
OF THE CODE OF THE CITY OF FAIRFAX,VIRGINIA,
PERTAINING TO ABATEMENT OF CERTAIN GRASS AND WEEDS.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 38,
Article IV, Section 38-53, of the Code of the City of Fairfax, Virginia, is hereby amended to
read in its entirety as follows:
"Sec. 38-53. —Abatement by the city; unpaid costs to constitute a lien on the property.
(a) When grass or weeds with a height of six inches or greater are found on such
property, the director of code administration or his designee may give written
notice to the person owning or having possession or charge of such property,
indicating that such violation must be corrected within ten days from the date
of the notice or the city will abate the violation, bill the owner for the costs and
collect the costs like taxes in the event of nonpayment by the owner. Such
notice shall be sent by first class mail to the last known
address of the owner as shown on the current real estate tax assessment books
and shall be posted on the property €er-a-peried e€at least ten days prior to the
•a e • which com•lianc- i r• fired stating the nature of the violation, the
action which is being taken to correct or eliminate the violation and an address
and/or telephone number where additional information can be obtained
concerning the violation. •nl •ne uch n•tic •-r •rowin, s-ason shall •e
•'- t •ro•ert is nocc .'ed.
r-•uire• • be is ed . d m•it d where th(b) If the written notice is undeliverable or o�, after n whichlthe
the person owning or having possession charge of the property of code
violation exists fails to cut such grass such weeds,orhweeds director hether he
administration or his designee shall cut grass
property is occupied or vacant. Wh-re the •ro•ert i net •ccu•ied th• director
•f •de Administration shall have the •rass •r w-eds cut at r:asonabl-
interval f•11•win• h- •o tin! an_m•ilin of the first notice •er •rowin•
-. en an• without furth-r no ti e. If the person owning or having possession
or charge of the property denies free access for such purposes, the director of
code administration or his designee may proceed after obtaining a warrant
from a Virginia court of competent jurisdiction. Costs and expenses incurred
by the city shall be assessed against the person owning or having possession or
charge of the property and shall be recoverable from the person owning or
having possession or charge in the same way as taxes and levies.
(c) Abatement of the violation by the city pursuant to this section shall preclude
the subsequent imposition of a civil or criminal penalty for the same violation."
This ordinance shall become effective as provided by law.
INTRODUCED: September 24, 2013
PUBLIC HEARING: October 8, 2013
ENACTED: October 8, 2013 �^
Mayor
/0/0/S
Date
ATTEST:
114_ / ...te■
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Absent