19810317 1981-2ORDINANCE NO. 1981-2
AN ORDINANCE A~NDING THE CODE OF THE CITY
OF FAIRFAX TO ENACT A N~ CHAPTER TO BE NUMBERED
CHAPTER 11.2 ENTITLED HEALTH AND SANITATION
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that a new chapter numbered Chapter 11.2,
entitled Health and Sanitation be and the same is hereby
amended to read in its entirety as follows:
"CHAPTER 11.2
HEALTH AND SANITATION.
2-1. Abatement of health menaces.
~11.2-2. Accumulations or growths of weeds,
trash, etc. prohibited; removal
of same; abatement by city; unpaid
costs to constitute lien on property.
Trash, litter, rubbish, etc., on
commercial, industrial or other
pr ope rty.
Sec. 11.2-1. Abatement of health menaces.
(a) Every owner, lessee, occupant or person
in control of any parcel of land or other premises
within the jurisdictional limits of the city
shall, upon written notice from the city health
officer or his designee, abate, correct and end
the existence of any condition that is a public
health menace.
(b) A public health menace shall include,
but not be limited to, unburied dead animals,
accumulations of water causing mosquito breeding
and proliferation, unsanitary disposal of sewage,
trash and garbage, rodent and insect infestations,
and the accumulation of fowl and animals, in such
a manner as to create public health menace and any
other condition that shall be injurious to the
public health.
(c) When any condition that constitutes a
public health menace shall be found to exist the
owner, lessee, occupant or person in control of
such parcel of land shall be given written notice
of the existence of such condition by the city
health officer or his designee, and such owner,
lessee, occupant or person in control of such
parcel of land shall abate, correct and end the
condition within ten days of the receipt of such
written notice.
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(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 city health officer or his
designee. 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 the 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 ccndition, the city health officer
may request the director of public works to take
reasonable steps to abate, correct or elminate 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 works may proceed
after obtaining a warrant. Costs and expenses
incurred, by the health department and/or the
department of public works 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.
(e) In the case of an emergency, the city
health officer or his designee may request the
director of public works to take reasonable steps
to abate, correct or eliminate, to the extent
immmediat ely necessary, the condition without
providing the owner or occupant of the land or
premises an opportunity to be heard until
after~;ards. In such an emergency, a request for
hearing may be made within ten days after the
condition is abated, corrected or eliminated. All
hearing requests shall be in writing and directed
to the city health officer, who shall forward the
request to the city manager within two 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 days of the request for the
hearing, and shal 1 so notify the city health
officer and the appellant. After the hearing, the
city manager may order the appellant to abate,
correct or eliminate the condition in the same
manner as the city health officer or his designee
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.
(f) If the written notice as provided in
this section is undeliverable or if an emergency
is found to exist, the city health officer or his
designee 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
property, the action which is being taken to
abate, correct or eliminate the cond.ition and an
address and/or telephone number at which
information may be obtained concerning such public
safety menace.
1981-2
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Sec.
_trash, etc,. prohibited; removal
of same; abatement by city; unpaid
costs to constitute lien on property.
(a) No person owning or having possession or
charge of any premises, vacant lot, private
roadway, whether in use or not, or other lands
within the city, shal 1 permit to grow or
accumulate or remain accumulated thereon, within
five hundred feet of any inhabited building or
dwelling, any growth of weeds, vines, shrubbery,
undergrowth, rubbish, trash, garbage, piles or
mounds of earth, pools of water or other matter
which may be a breeding place of disease, noxious
insect s or rodent s er wh ich may be otherwi se
injurious to the health and welfare of the area
concerned, but shal 1 keep such lands cleared of
any such objectionable growths, accumulations or
piles or mounds of earth.
(b) The director of public works shall give
written notice to the record owner of such
property of any violation of this section found by
him to exist and shall require correction of the
condition within ten days of the receipt of the
notice.
(c) 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
eliminate such violation, the director of public
works may take reasonable steps to abate, correct
or elminate 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 works may proceed after obtaining a
warrant. Costs and expenses incurred by the
department of public works shal 1 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.
(d) In the case of an emergency, the
director of public works may 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 opportunity to be heard until
afterwards. In such an emergency a request for a
hearing may be made within ten days after the
condition is abated, corrected or eliminated to
the director of public works. A1 1 hearing
requests shall be in writing and directed to the
director of public works, who shall forward the
request to the city manager within two 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 days of the request for the
hearing, and shall so notify the director of
pub lic works and the appel lant. 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 works may require
or may direct that no further action is necessary.
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Any person who fails, refuses or neglects to
comply with any such order shall be guilty of a
violation of this chapter.
(e) If the written notice as provided for in
this section is undeliverable or if an emergency
is found to exist, the director of public works
shall cause a public notice to be posted on the
land or premises 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
vi olation.
(f) Any person who shall be in violation of
the provisions of this section and who, upon
receipt of written notice from the director of
public works to correct the same, shall fail or
refuse to correct the violation within the time
prescribed, shall, upon conviction thereof, be
punished as provided by section 1-6.
Sec. 11.2-3.
Trash, l~i.tt~e~r,..~.is.h,.etc. , on
c--0-~mercial, industrial or other
p_r ope r ty.
( a ) It shal 1 be the joint and several
responsibility of the owner and occupant of
commercial and industrial lands or buildings to
provide a sufficient number of containers for
storage of refuse to pr eve nt ove rf low be twe en
times of collection, and to maintain the premises
in accordance with the standards of this chapter.
(b) The owners and occupants of al 1
developed commercial or industrial property within
the limits of the city are hereby required to
install and maintain trash receptacles on the edge
of all sidewalks or other designated pedestrian
walkways within such property. These receptacles
shall be placed at a maximum of sixty feet apart,
unless the director of public works determines
that this distance is not practicable. Such
receptacles shall be of a type and size suitable
for the purpose and clearly des ignated as
receptacles of trash.
(c) It shall be unlawful for the owner or
occupant of any private property to permit the
accumulation of trash, litter, rubbish or other
waste matter upon such property in any manner
which may cause or permit such trash, litter,
rubbish or other waste matter, or any part
thereof, to be carried or deposited by the
elements upon any street, sidewalk or other public
place or upon any other private property.
(d) The director of public works shall give
written notice to the record owner and the known
occupant or occupants of such property or their
agents by certified mail of any violation of this
section found by him or his authorized designee to
exist and shal 1 require correction of the
condition within five days of the receipt of such
notice.
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(e) Any person who shall be in violation of
the provisions of this section and who, upon
receipt of written notice from the director of
public works to correct the same, shall fail or
refuse to correct the violation within the time
prescribed, shall be guilty of a misdemeanor and,
upon conviction thereof, be punished as provided
by section 1-6."
This ordinance shall become effective immediately upon
adoption.
Introduced: March 3, 1981
Adopted:
March 17, 1981
ATTEST:
~IAYOR