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Representative Virginia Municipal Ordinances Regarding the Cutting of Weeds REPRESENTATIVE VIRGINIA MUNICIPAL ORDINANCES REGARDING THE CUTTING OF WEEDS I 1 NIC/p (to 1[1le N _ J G ~sl�TlliE� `qo Virginia Municipal League 905 Travelers Building Richmond, Virginia Report No. 465 November, 1964 Price: $1.00 Distribution Free to Virginia Municipal Officials FOREWORD Questionnaires were mailed to representative cities and towns to assemble information for this report. The questionnaire inquired whether the municipality has enacted a weed ordinance and, if so, its success in enforcement. It also asked whether the ordinance had been tested in court and, if so, the outcome. Of 56 questionnaires mailed, 43 were returned. Of these, 40 replies • indicated that a weed ordinance is in effect. Only six municipalities advised that their ordinance had been tested in court, but in all of these instances the ordinance was upheld. Many other communities reported satisfactory enforcement, but advised that no court action had ever been initiated. Most of the communities replying to the questionnaire reported satisfactory experience in enforcement of the weed ordinance. Only seven communities expressed dissatisfaction with the ordinance or its enforce- ment, or reported serious doubts. In addition, several communities pointed out that enforcement is difficult where the owner lives outside of the city or town or the property in question is held in an estate. The other replies received indicate that the local experience has been in the range from reasonably satisfactory to excellent. This report contains verbatim copies of weed ordinances of representative cities and towns in population groups from large to small. It also includes a verbatim copy of § 15. 1 -11 of the Code of Virginia, which authorizes cities, towns and counties to provide for the removal of trash, garbage, weeds or other foreign growth in certain instances. Copies of other municipal weed ordinances are on file in the League office and are available to any municipal official upon request. The League files also contain copies of written notices, drawing attention to violation of the weed ordinances and this material also is available, of course, to any municipal official upon request. Harold I. Baumes Executive Secretary November, 1964 REPRESENTATIVE VIRGINIA MUNICIPAL ORDINANCES REGARDING THE CUTTING OF WEEDS Excerpt from Code of Virginia authorizing cities, towns and counties to require cutting of weeds s 15. 1-11 . County; city or town may provide for removal of trash, _arba:e, etc. , weeds and other forei:n :rowth. -Any county, city or town may, by ordinance, provide: (1) That the owners of property therein shall, at such time or times as the governing body may prescribe, remove therefrom any and all trash, garbage, refuse, litter and other substances which might endanger the health of other residents of such county, city or town; or may, whenever the governing body deems it necessary, after reasonable notice, have such trash, garbage, refuse, litter and other like substances which might endanger the health of other residents of the county, city or town, removed by its own agents or employees, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the county, city or town as taxes and levies are collected; (2) That the owners of vacant property therein shall cut the grass, weeds and other foreign growth on such property or any part thereof at such time or times as the governing body shall prescribe; or may, whenever the governing body deems it necessary, after reasonable notice, have such grass, weeds or other foreign growth cut by its agents or employees, in which event, the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the county, city or town as taxes and levies are collected; provided, however, that no such ordinance adopted by any county shall have any force and effect within the corporate limits of any town; provided, further, that no such ordinance adopted by any county having a density of population of less than five hundred per square mile shall have any force or effect except within the boundaries of platted subdivisions; and (3) That every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property. i -1- Representative municipal ordinances regarding the cutting of weeds. RICHMOND (219, 958) Article 3. Weeds. Sec. 19-20. Definitions. shall, The following words and phrases, when used in this article, for the purposes of this article, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: Alley. A public way, other than a street, designed primarily for vehicular travel to provide access to or from the rear or side of property. Board. The board of housing and hygiene of the city. Director. The director of public health and his representatives, when duly authorized by him to administer and enforce the provisions of this article. Occupant. A tenant or any person who is in control or possession of or actually occupies land in the city. Owner. A person who holds beneficial ownership of any land in the city; and, an agent, executor, administrator, trustee or guardian having charge, care, management or control of any land in the city. Sidewalk. A sidewalk, as defined in section 23-2 of this Code. Street. A highway, as defined in section 23-2 of this Code. Weeds. Any wild or uncontrolled growth or vegetation of every kind on any land, alley, sidewalk or street in the city, whether growing or severed from the land, of such height or of such profusion as to constitute or is likely to constitute a harborage for rats, a place where mosquitoes or other harmful pest or insect infestation may breed or water may stagnate or which conceals or is likely to conceal deposits of garbage or trash. Weeds which have attained a height of twelve inches or more shall be pre- sumed to be detrimental to public health and a public nuisance, which presumption may be rebutted by competent evidence. Sec. 19-G1 . Declared public nuisance; abatement. All weeds, as defined in section 19-20 of this Code, are hereby declared to be detrimental to public health and a public nuisance, and shall be cut and removed from land, alleys, sidewalks and streets whenever it is necessary to do so in order to effectively abate the nuisance. -2- Sec. 19-22. Notice to abate nuisance. Whenever the director of public health finds that weeds exist on any land, alley, sidewalk or street, he shall give notice in writing of the existence of the nuisance to the owner or occupant, or both, of the land on which the nuisance exists or the owner or occupant, or both, of the land abutting the alley, sidewalk or street on which the nuisance exists, and shall order the owner or occupant, or both, to cut and remove the weeds within such reasonable time as the director shall specify in the notice. Sec. 19-23. Service of notice. Service of the notice required to be given under section 19-22 of this Code shall be made by mailing the notice to the last known street or post office address of the person, agent, executor, administrator, trustee, guardian or occupant to whom it is directed by registered or certified mail or by delivery thereof to such person, agent, executor, administrator, trustee, guardian or occupant. Proof of so mailing or delivering the notice shall be sufficient evidence that the notice was served and the date of mailing or delivery, as the case may be, shall be the date of service. In the event the last known street or post office address of the person, agent, executor, administrator, trustee, guardian or occupant is unknown or the notice so mailed is returned undelivered by the post office department, then service of the notice shall be made by posting the notice on the land or premises on which the nuisance exists or on the land or premises abutting the sidewalk, street or alley on which the nuisance exists. Proof of posting the notice shall be sufficient evidence that the notice was served and the date of posting shall be the date of service. Sec. 19-24. Contents of notice. The notice required to be given under section 19-22 of this Code shall set forth the location of the land, alley, sidewalk or street on which the nuisance exists, and shall specify a reasonable time within which the abate- ment thereof shall be completed. Such notice shall also contain a statement to the effect that the person, agent, executor, administrator, trustee, guardian or occupant to whom it is directed may appeal to the board from the order of the director within five days after service of the notice by filing with the director a notice of appeal specifying in writing the grounds therefor. Sec. 19-25. Appeals from findings and orders of director. Any owner or occupant aggrieved by the findings or order of the director shall have the right of appeal to the board. Appeals shall be taken within five days after the service of the notice under sections 19-22 and 19-23 of this Code by filing with the director a notice of appeal specifying in writing the grounds therefor. The director upon receipt of the notice shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. An appeal shall not stay any proceedings in furtherance of the action of the director, unless the board certifies to the director that for good cause shown further proceedings would operate to unduly prejudice the owner or occupant or cause the owner or occupant unnecessary hardship. The board shall fix a reasonable time for the hearing of the appeal and shall give notice thereof to the appellant -3- and the director and decide the issue within a reasonable time. At the hearing the appellant may appear in person, by agent or attorney, and shall be given an opportunity to be heard. The board shall have the power and it shall be its duty to affirm, reverse in whole or in part, or modify the order of the director, and may enter such order or may make such requirement or determination as should be entered or made, and to that end shall have the powers of the director under this article. The concurring affirmative vote of a majority of the members of the board shall be necessary to reverse or modify the order of the director; otherwise, the order shall stand affirmed. The board shall act by formal resolution, which shall set forth the reason for its action, and the vote of each member participating therein,which resolution shall be spread upon its records and shall be open to public inspection. Every decision of the board shall be based upon a finding of fact and sworn testimony. The actions or decisions of the board shall be final. Sec. 19-26. Abatement by director upon failure of owner or occupant to comply with order, etc. If an owner or occupant fails, refuses or neglects to comply with the order of the director referred to in this article and fails, refuses or neglects to exercise the right of appeal provided for in this article within the time prescribed therefor, or fails, refuses or neglects to comply with the order of the board after an appeal to the board, the director shall cause the nuisance to be abated and shall transmit to the director of finance a statement of all costs incurred thereby, which shall be added to the taxes assessed against the real estate on which the nuisance existed, or abutting the alley, sidewalk or street on which the nuisance existed, for the ensuing tax year and shall be collected with such taxes by any manner prescribed by law for the collection of city taxes. Sec. 19-27. Abatement by burning. In lieu of abating the nuisance by cutting and removing the weeds, an owner or occupant of the land or owner or occupant of the land abutting a sidewalk or alley on which the nuisance exists may abate the nuisance by burning the weeds upon obtaining a permit so to do from the director of public safety. The burning of the weeds shall be done under the supervision of the director of public safety. Application for the permit shall be in writing and in such form as shall be prescribed by the director of public safety and shall be signed by the owner or occupant of such land. Sec. 19-28. Penalty for violation of orders of director or board. Every owner or occupant who shall fail, refuse or neglect to comply with the order of the director or the board shall, upon conviction thereof, be punished as provided in section 1-6 of this Code. -4- ALEXANDRIA (91, 023) Article II. Weeds. Sec. 14-19. Definition. The word "weeds" as used in this article shall be held to include grass, weeds, bushes and any other vegetation other than trees, ornamental shrubbery, flowers, and garden vegetables properly tended. Sec. 14-20. Owners to cut weeds on vacant property. The owners of vacant property located within the City of Alexandria, Virginia, shall cut the weeds that are in excess of twelve inches in height on such property. Sec. 14-21. Notice to owner. The Director of the Recreation and Parks Department or his duly authorized agent may give notice in writing to the owner of vacant land in the City upon which there are weeds in excess of twelve inches in height, that such weeds must be cut within ten days from the receipt of the notice or the City will cut the weeds, bill the owner for the costs and collect the costs like taxes in the event of non-payment by the owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search, or who are non-residents. Sec. 14-22. Cuttin• , billin• and collectin_ b the Cit Liens. Whenever the owner refuses, neglects or fails to cut weeds after being notified in the manner prescribed by section 14-21 above, the weeds shall be cut by the Department of Recreation and Parks. The expense thereof shall be forthwith computed and a bill for such expense shall be prepared by the Department of Finance, and mailed to the owner at his last known post office address within a reasonable time after the cutting. In the event the City does not receive payment of the bill within thirty days after mailing, a duplicate statement of the bill shall be forwarded to the City Collector who shall see that the expense is charged to the owner and collected in the same manner as City taxes. Every charge with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property. I -5- II PETERSBURG (36, 750) Section 19-9 The existence of any weeds, bushes, grass or other vegetable matter, or any standing water upon any land or premises in the city which is, in the opinion of the Health Officer, detrimental to the health, comfort, or general welfare of any of the inhabitants of the city, is hereby declared a nuisance. Whenever it shall come to the knowledge of the Health Officer that such a nuisance exists, it shall be his duty to serve notice on the occupant of the premises, or, if unoccupied, on the owner, to cause such weeds, bushes, grass or other vegetable matter to be cut and removed from such land or premises or the standing water to be drained within ten days. Any such occupant or owner, who shall fail to cause such weeds, bushes, grass or other vegetable matter to be cut and removed from such land or premises or standing water to be drained within the time specified in such notice shall, upon conviction thereof, be fined not less than five dollars nor more than fifty dollars, and each day that such nuisance be permitted to remain upon such land or premises after the expiration of the time specified in such notice shall be deemed to constitute a separate offense under this section. If such weeds, bushes, grass or other vegetable matter, or any standing water be permitted to remain on any such land or premises after the expiration of the time specified in such notice, the Health Officer may cause such nuisance to be removed there- from, and the city may collect the expense of so doing from the said owner or owners, occupier or occupiers, or any of them, by distress and sale in the same manner in which taxes levied upon real estate for the benefit of said city are authorized to be collected. If the owner or owners of any such unoccupied lot or premises are not residents of the city and their addresses are unknown to the Health Officer, the notice hereinbefore required may be given by publication for not less than two weeks in any newspaper published in the city, and the cost of such publication shall be collected as a part of the expense in abating such nuisance. -6- FREDERICKSBURG (13, 639) Article II. Weeds and Debris Sec. 13-21. Definitions. (a) Block. The word "block" as used in this article shall be taken to mean the land in an area usually designated as a city block bounded by three or more streets in the city. (b) Debris. The word "debris" as used in this article shall be held to include cuttings of weeds, as herein defined,trash, junk, discarded motor vehicles, or any other material which may provide a hiding place for snakes or rats, or anything or any condition which may be a fire menace, breeding place for mosquitos, or which gives off obnoxious or offensive odors. (c) Repealed. (d) Weeds. The word "weeds" as used in this article shall be held to include grass, weeds, bushes, poison ivy, poison oak or any other vegetable growth other than trees, ornamental shubbery, flowers and garden vegetables. Sec. 13-22. Where Prohibited. (a) It shall be unlawful for the owner of any vacant or occupied property in the city to permit to remain upon such property weeds or debris in such location, size, height, and condition as either (1) constitute an obstruction or hindrance to the safe movement of vehicular and pedestrian traffic upon the streets and alleys of the city, or (2) constitute a menace to public safety, or (3) constitute a fire hazard. (b) It shall be unlawful for the owner of vacant property in the city (1) abutting a street improved with curbs and gutters, or (2) abutting an unimproved street or not abutting any street, any portion of which property lies within fifty feet of a parcel of land upon which any building or other improvement has been erected and is occupied as a residence, business, or for other lawful purposes, to permit such weeds standing more than fifteen inches in height and debris as do not fall within subsection (a) above, to remain upon such property. (c) It shall be unlawful for the owner to permit such weeds and debris as set forth in subsections (a) and (b) above to remain upon any por- tion of the sidewalk, street or area between the property line of his property and the curb of the street adjacent to such property, or to remain between the property line of his property and a line in the street adjacent thereto having no curb which line is parallel to the property line and ten feet distance therefrom, or to remain between the property line of his property and the middle of any alley adjacent to the property line of such property. -7- Sec. 13- 3. Same - Removal of Offending Weeds or Debris. (a) Notice to Destroy and Remove. The City Manager is hereby authorized and empowered to notify, in writing, the owner of any such land or lot described in section 13-22, or the agent of such owner, to cut, destroy and remove any such weeds or debris found growing, lying or located on such land or lot or upon any portion of the sidewalk, street, alley or other area, as is described in the aforesaid section. Such notice shall be by certified or registered mail, addressed to said owner, at his last known address. (b) Action Upon Non-Compliance. Upon the failure, neglect or iefusal cf any owner or agent so notified to cut, destroy and remove said weer's and debris growing, lying or located upon such owner's lot or land, or upon any portion of the sidewalk, street, alley or other area described in Section 13-22. of this Code within five days after receipt of this written notice provided in subsection (a) above, or within five days after the date of such notice in the event the same is returned to the City Manager because of the inability of the Postoffice Department to make delivery thereof and provided the same was properly addressed to such owner or agent, the City Manager is hereby auth- orized and empowered to cause the offending weeds and debris to be cut, destroyed and removed at the expense of such owner, and to which expenses there shall be added a sum equal to 15% thereof for administrative expenses. The City Manager shall transmit to the City Treasurer the total sum of the aforesaid expenses. The City Treasurer, upon receipt thereof, shall add said total sum to the next succeeding bill for taxes on the land assessed against the owner and shall collect the same with the taxes and in the same manner that city taxes are collected, and shall bear interest at the same rate and beginning at the same time as taxes. Should any such bill or parts thereof remain unpaid for as much as twelve months from the date thereof, the City Treasurer shall immediately thereafter proceed to collect the same in manner provided by law. Secs. 13-24 through 13-30. Repealed Sec. 13-31 . Burning weeds. Any owner of land required to remove weeds under the provisions of this article may remove the same by burning, pursuant to the provisions of Section 11-6 of this Code. Prior to such burning, such owner shall agree in writing with the city upon such form as shall be prescribed by the City Manager, to indemnify, reimburse and save the city and its agents, officers and employees harrr less from all damages that may result directly or indirectly to persons and property from the burning of the weeds. Sec. 13-32.. Repealed Sec. 13-33. Penalty. Any person who shall violate any provision of this article shall be guilty of a misdemeanor. Each day any violation of any provision of this article shall continue shall constitute a separate offense. -8- 4 VIENNA (11 , 443) Title 14. Weed and Debris Section 14-1 . Definitions. (a) OWNER: The word "owner" as used in this Title shall be taken to include persons holding title to any land or lot in Town; lessees, tenants, and principal occupants of any land or lot in the Town or agents of persons holding titles to such lands or lots, having care, custody, control or manage- • went of the land or lot; and fiduciaries holding title to or having the care, custody, control or management of land or lots in the Town for others. (b) WEEDS. The word "weeds" as used in this Title shall be held to include wild or uncontrolled growth or vegetation of every kind standing on land. Sec. 14-2. Removal of trash, garbage, refuse, litter and like substances. Owners of property within the Town shall keep such property free of trash, garbage, refuse, litter and other substances which might endanger the health of residents of the Town. Sec. 14-2. 1. Same; notice to remove. Where substances of the nature set forth in Title 14-2 above are found upon, property within the Town, the Director of Public Works shall immediately notify the owner of such property to remove such substance. Such notification shall be by registered or certified letter sent to the owner at his last known address. If, after diligent inquiry, no address can be found for such owner, the letter herein referred to shall be posted in a conspicuous place on the property. Sec. 14-2. 2. Same; procedure for removal by Town. If the substances referred to in Title 14-2 above have not been removed from the property by the owner within fourteen (14) days from the date the letter referred to above has been mailed, or the notice posted, the Director of Public Works shall cause the removal by Town forces, or Town's agent, of such substances from such property forthwith. Sec. 14-2. 3. Same; tests of removal. Where such substances have been removed from property by the Director of Public Works pursuant to the provisions of Title 14-2. 2 above, the cost of such removal shall be billed to the owner of the property. If such bill is not paid it shall be added to the Town real estate tax bill on such • property, and shall be a lien on such property to the same extent and effect as said real estate tax is. I Sec. 14-3. Cutting of grass, weeds and other foreign growth. Owners of property within the Town shall not allow grass, weeds, and other foreign growth thereon to exceed fifteen (15) inches in height. -9- Sec. 14-3. 1. Same; notice to cut. Where grass, weeds or other foreign growth in excess of fifteen (15) inches in height are found upon property, the Director of Public Works shall immediately notify the owner of such property to cut such grass, weeds or other foreign substances down to a height not to exceed three (3) inches. Notification shall be made by the same procedure as set forth in Title 14-2. 1, above. Sec. 14-3. 2. Same; procedure for cutting by Town. If the grass, weeds or other foreign growth have not been cut down within fourteen (14) days from the date of the letter or posting provided for in Title 14-2. 1 above, the Director of Public Works shall cause the cutting down by Town forces or Town's agent, of such grass, weeds or other foreign growth forthwith. Sec. 14-3. 3. Same; costs of cutting. Where grass, weeds or other foreign growth have been cut down on property by the Director of Public Works pursuant to the provisions of Title 14-3. 2 above, the cost of such cutting shall be billed to the owner of the property. If such bill is not paid, it shall be added to the Town real estate tax bill on such property, and shall be a lien on such property to the same extent and effect as said real estate tax is. Sec. 14-3. 4. Burning weeds. Any owner of land required to remove weeds under the provisions of this Title may remove the same by burning under the supervision of the Town of Vienna Volunteer Fire Department. Prior to such burning, such owner shall agree in writing with the Town upon such form as shall be prescribed by the Director of Public Works, to indemnify, reimburse, and save the Town and its agents, officers, and employees harmless from all damages that may result directly or indirectly to persons and property from the burning of weeds. -10- TAPPAHANNOCK (1, 086) Sec. 36. Unkempt Lots: Whenever any person shall allow or permit his lot or property or sidewalk adjacent thereto to become cluttered with rubbish, papers, weeds, or other debris which shall make such lot an eye-sore to the adjacent property owners, the Town Manager or Sergeant must notify such owner or person in possession that such lot must be cleaned up within ten days time. In the event that such owner or person in possession fails to clean up such lot within said ten days to the satisfaction of the Town Manager or Sergeant, the Town Manager or Sergeant shall enter upon the premises and have the said lot cleaned up at the expense of the owner, notify the Town Treasurer of the amount so expended for such cleaning up and the Town Treasurer shall make a record of the same, and same shall constitute a lien against the said property enforceable in the same manner as taxes are collected. In the event that the owner of such lot is a non-resident of the Town, the Town Sergeant shall post a notice in three or more public places in the Town and mail a copy of same by registered mail to the last known address of the owner of such property, and shall include in the cost of cleaning up the lot the sum of $2. 50 for such notification. -11- Ordinance No. AN ORDINANCE REGULATING THE FXTSTENCE OF WEEDS WITHIN i.3E CITY OF FAIRFAX (a) It shall be unlawful for any owner of any property to permit weeds of more than fifteen inches in height to remain standing upon any part of such property that is hundred fifty feet of the dwelling of another. (b) The Director of Public Works shall give written notice to the record owner of such property of any violation of this ordinance found by him to exist and shall require correction of the condition within ten (10) days of the receipt of the notice. (c) Any person who shall be in violation of the provisions of this ordinance 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 shall be punished as provided for by law. s