19791211 1979-29 ORDINANCE NO. ]979-29
AN ORDINANCE AMENDING
SECTIONS 11-1 AND 11-2 OF CHAPTER 11
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia that Chapter 11 of the Code of the City
Fairfax, Virginia be and the same is hereby amended as
follows:
1. That Section ll-l(d) of said chapter be and it is
hereby amended to read in its entirety as follows:
"(d) After receipt of the written notice, it is
unlawful for the owner, lessee, occupant or person
in control of the occupied or vacant land or
premises on which the condition exists to fail to
abate, correct or eliminate the condition within
ten days or within such time as is determined by
the Director of the Health Department. If the
owner, lessee, occupant or person in control of
such land shall neglect or refuse to abate,
correct or eliminate the condition within the time
required, he shall upon conviction thereof, be
punished as provided in Section 1-6.
If the written notice is undeliverable, or if
after receipt of the written notice, the owner or
occupant of the land or premises on which the
condition exists fails to abate, correct or
eliminate the condition, the Director of the
Health Department may request the Director of
Public Services to take reasonable steps to abate,
correct or eliminate the condition whether the
land or premises are occupied or vacant. If the
owner or occupant of the land or premises denies
free access for such purposes, the Director of
Public Services may proceed after obtaining a
warrant. Costs and expenses incurred by the
Health Department and/or the Department of Public
Services shall be assessed against the owner or
occupant of the land or premises, and shall be
recoverable from the owner in the same way as
taxes and levies."
2. That a new Section ll-l(e) of said Chapter be and
it is hereby enacted to read in its entirety as follows:
"(e) In the case of an emergency, the Director of
the Health Department may request the Director of
Public Services to take reasonable steps to abate,
correct or eliminate to the extent immediately
necessary the condition without providing the
owner or occupant of the land or premises an
1979-29
-2-
opportunity to be heard until afterwards. In such
an emergency, a request for hearing may be made
within ten (10) days after the condition is abat-
ed, corrected or eliminated. All hearing requests
shall be in writing and directed to the Director
of the Health Department who shall forward the
request to the City Manager within two (2) days of
receipt. All hearings shall be before the City
Manager or his designee. The City Manager shall
set a time and place for the hearing which shall
occur within ten (10) days of the request for the
hearing, and shall so notify the Director of the
Health Department and appellant. After the hear-
ing, the City Manager may order the appellant to
abate, correct or eliminate the condition in the
same manner as the Director of the Health Depart-
ment may require or may direct that no further
action is necessary. Any person who fails, re-
fuses or neglects to comply with any such Order
shall be guilty of a violation of this Chapter."
3. That a new section ll-l(f) of said Chapter be and
it is hereby enacted to read in its entirety as follows:
"(f) If the written notice as provided in this
section is undeliverable or if an emergency is
found to exist, the Director of the Health Depart-
ment shall cause a public notice to be posted on
the land or premises stating the nature of the
public safety menace found to exist on the pro-
perty, the action which is being taken to abate,
correct or eliminate the condition and an address
and/or telephone number at which information may
be obtained concerning the said public safety
menace."
4. That Section ll-2(d) of said Chapter be and it is
hereby amended to read in its entirety as follows:
"(d) If the written notice is undeliverable, or if
after receipt of the written notice, the owner or
occupant of the land or premises on which the
violation exists fails to abate, correct or elimi-
nate such violation, the Director of Public Services
may take reasonable steps to abate, correct or
eliminate any violations of this section whether
the land or premises are occupied or vacant. If
the owner or occupant of the land or premises
denies free access for such purposes, the Director
of Public Services may proceed after obtaining a
warrant. Cost and expenses incurred by the Depart-
ment of Public Services shall be assessed against
the owner or occupant of the land or premises and
shall be recoverable from the owner in the same
way as taxes and levies."
5. That a new Section ll-2(e) of said Chapter be and
it is hereby enacted to read in its entirety as follows:
1979-29
-3-
"(e) In the case of an emergency, the Director of
Public Services may take reasonable steps to
abate, correct or eliminate to the extent immed-
iately necessary the condition without providing
the owner or occupant of the land or premises an
opportunity to be heard until afterwards. In such
an emergency a request for a hearing may be made
within ten (10) days after the condition is abated,
corrected or eliminated. All hearing requests
shall be in writing and directed to the Director
of Public Services who shall forward the request
to the City Manager within two (2) days of receipt.
All hearings shall be before the City Manager or
his designee. The City Manager shall set a time
and place for the hearing which shall occur within
ten (10) days of the request for the hearing and
shall so notify the Director of Public Services
and the appellant. After the hearing, the City
Manager may order the appellant to correct or
eliminate the violation in the same manner as the
Director of Public Services may require or may
direct that no further action is necessary. Any
person who fails, refuses or neglects to comply
with any such order shall be guilty of a violation
of this Chapter."
6. That a new Section ll-2(f) of said Chapter be and
it is hereby enacted to read in its entirety as follows:
"(f) If the written notice as provided for in this
Section is undeliverable or if an emergency is
found to exist, the Director of Public Services
shall cause a public notice to be posted on the
land or premises stating the nature of the vio-
latio~ 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."
7. If any section, subsection, paragraph, sentence,
clause or phrase of this Ordinance should be declared in-
valid for any reason whatsoever, such decision shall not
affect the remaining portion of this Ordinance, which shall
remain in full force and effect; and to this end the pro-
visions of this Ordinance are hereby declared to be sever-
able.
In the opinion of the City Council of the City of
Fairfax, Virginia, an emergency exists due to existing
safety menaces within the City which require immediate
1979-29
-4-
action. Accordingly, this Ordinance adopted by a two thirds
affirmative vote of the City Council shall become effective
immediately.
Introduced:
Adopted:
December 11.
December ll, 1979
MAYOR
ATTEST:
U~ CITY CLERK