2016-13ORDINANCE NO. 2016-13
AN ORDINANCE AMENDING ARTICLE III, CHAPTER 38, SECTIONS 38-31,38-
34,38-37,
8-31,38-
34,38-37, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING
TO PUBLIC HEALTH OR SAFETY MENACES
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Sections 38-
31, 38-34, 38-37 of Chapter 38, Article III of the Code of the City of Fairfax, Virginia,
pertaining to Public Health or Safety menaces is hereby amended, to read in its entirety as
follows:
ARTICLE III. - PUBLIC HEALTH OR SAFETY MENACES
Sec. 38-31. - Definitions.
The following definitions shall apply to this article:
Bulk waste. Appliances, furniture, bedding material, automobile parts, mechanical equipment,
mechanical parts, carpet or similar material.
Commercial waste. All materials or substances from any retail, wholesale, or commercial
establishment.
Designated enforcement officer. The director of code administration or his designee, any city
law enforcement officer, or duly designated sworn special police officer.
Dump. To dump, throw, release, spill, leak, discard, place, deposit or dispose of or allow to be
dumped, thrown, released, spilled, leaked, discarded, placed, deposited or disposed.
Hazardous waste. Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious
materials, explosives, compressed gases, biological and chemical materials, radioactive
materials, flammable materials, and petroleum products, or similar materials.
Industrial waste. All materials or substances related to manufacturing, processing or
production.
Litter. Any can, bottle, box, carton, container, paper, wrapper, tobacco product, rag, cloth or
newspaper.
Person. Any individual, firm, owner, sole proprietorship, partnership, corporation
unincorporated association, governmental body, municipal corporation, executor,
administrator, trustee, guardian, agent, occupant or other legal entity.
Public health or safety menace. Any condition that may be injurious to the public health or
safety including, but not limited to:
(1) Unburied dead animals;
(2) Accumulations of water causing mosquito or other vector breeding or proliferation,
except as a required source of water for beehives as defined in chapter 7;
(3) Unsanitary disposal of sewage, debris, or solid wastes; rodent and insect infestations;
(4) The accumulation of fowl, honeybees and animals in such a manner as to create a
condition that may be injurious to the public health or safety;
(5) The accumulation of solid waste in such a manner as to create a condition that may be
injurious to the public health or safety;
(6) Open excavations, open wells, pits, ;
(7) Unsecured vacant structures;
(8) Habitation for bats, wasps or other venomous pests; of
(9) Cross -connection in violation of article IV of this chapter; or
(10) Diseased or dangerous trees on private property that create a hazard threatening
safety or welfare.
Solid waste. Litter, garbage, trash, industrial waste, bulk waste, yard waste, commercial
waste, hazardous waste, structural waste, tires, or any other condition, substance, material,
product or thing which may be detrimental or potentially harmful to health, safety, comfort
and general welfare of the public or the environment.
Structural waste. All building materials resulting from erecting, removing, repairing,
remodeling or razing buildings or other structures.
Yard waste. All materials derived from trees, shrubbery, leaves, fallen branches, lawn
trimmings, and other woody waste.
Sec. 38-34. - Inspection and notices of a public health and safety menace.
(d) Tree Removal Permit. A tree removal permit otherwise required in accordance with the
Zoning Ordinance shall not be required to be obtained prior to removing a tree deemed to
constitute a hazard by the designated enforcement officer, however, the designated
enforcement officer shall notify the Zoning Administrator of any such trees. The Zoning
Administrator may require the owner of the property from which the tree was removed to take
any actions that would have been required had a permit been obtained.
• Sec. 38-37. - Hearing and appeal procedure for public health and safety menace
violations.
All hearing requests for an appeal of a violation of section 38-33 shall be in writing, shall
state the reasons for the hearing request, and shall be directed to the designated enforcement
officer who shall forward the request to the board of building code appeals heusing hygiene
within two regular working days of receipt. All hearings shall be before the board of building
code appeals heusi „ i,..,. The board of buildingcde appeals heusi g ,..,,, shall set a
time and place for the hearing, which shall occur within 15 days of the request for the hearing,
and shall so notify designated enforcement officer and the appellant. Such 15 -day period may
be extended upon agreement of the board of building code appeals heusing hyg , the
designated enforcement officer and the appellant. After the hearing, the board of building
code appeals heusing hyg may affirm, amend or overturn the requirements of the
designated enforcement officer. Any person who fails, refuses or neglects to comply with an
order of the board of buildingcode housing hygiene shall be guilty of a violation of
this chapter. The decision of the board of buildingcode appeals may be
appealed to a court of competent jurisdiction no later than 15 days after the decision is
rendered.
This ordinance shall become effective as provided by law.
INTRODUCED: October 25, 2016
PUBLIC HEARING: November 8, 2016
ADOPTED: November 8, 2016
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Date
ATTEST:
F27
Votes
Councilmember DeMarco
Aye
Councilman Greenfield
Aye
Councilman Meyer
Aye
Councilmember Miller
Aye
Councilmember Schmidt
Aye
Councilmember Stehle
Aye