19821214 1982-48ORDINANCE NO. 1982-48
AN ORDINANCE ADDING A NEW ARTICLE II, "WEEDS", TO CHAPTER 11
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA.
BE IT RESOLVED, that the City Council of the City of
Fairfax, Virginia add a new Article II, "Weeds", to Chapter 11
of the Code of the City of Fairfax.
1. Sections 11-1 through 11-7 are designated Article I
of Chapter 11, "Public Health or Safety Menaces".
2. Add a new Article II, "Weeds", in Chapter 11 to read
in its entirety as follows:
"ARTICLE II. Weeds.
Sec. 11-8. Weeds--Definition.
Vegetative growth general ly deemed to exhale
unpleasant and noxious odors; to be foreign growth,
undesirable, rank or detrimental to the public health
or safety; or to have minimal use or value.
Sec. 11-9. Weeds--Cutting required.
The 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, within
five hundred feet of any inhabited building or
dwelling, shall cut the grass and weeds on such
property when such grass or weeds reach a height of
twelve (12) inches or greater.
Sec. 11-10. Weeds--Failure to cut.
(a) When any grass or weeds with a height of
twelve (12) inches or greater is found on such
property, the director of public works shall give
written notice to the person owning or having
possession or charge of same, requiring such grass or
weeds to be cut within ten (10) days of the receipt
of the notice. Notice sent by registered or
certified mail to the last known address of the owner
as shown on the current real estate tax assessment
books shall be deemed in compliance with the notice
requirement to the owner.
(b) If the written notice is undeliverable or
if, after receipt of the written notice, the person
owning or having possession or charge of the property
on which the violation exists fails to cut such grass
or weeds, the director of public works shall cut such
grass or weeds, whether the property is occupied or
vacant. If the person owning or having possession or
charge of the property 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 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.
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(c) Any person owning or having possession or
charge of the property may appeal any action of the
director of public works under this section within
ten (10) days of such action. All 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 (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 works 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 works or may require other action or may
direct that no further action is necessary.
(d) When the written notice as provided for in
this article is undeliverable, the director of public
works shall cause a public notice to be posted on the
property for a period of ten (10) days 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.
Such posting of notice shal 1 not preclude the
director of public works from cutting the grass or
weeds on the property.
Sec. 11-11. Weeds--Failure to cut--Penalty.
Any person who shall be in violation of the
provisions of this article 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.
This ordinance shall be effective immediately upon its
execution by the Mayor.
Introduced:
Public hearing before City Council: December 14, 1982
Adopted: December 14,
ATTEST
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