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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 iw�!A :u►• Date ATTEST: F27 Votes Councilmember DeMarco Aye Councilman Greenfield Aye Councilman Meyer Aye Councilmember Miller Aye Councilmember Schmidt Aye Councilmember Stehle Aye