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2021 SESSION
21101674DBe it enacted by the General Assembly of Virginia:
1. That § 15.2-901 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-901. Locality may provide for removal or disposal of trash and clutter, cutting of grass, weeds, and running bamboo; penalty in certain counties; penalty.
A. Any locality may, by ordinance, provide that:
1. 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, clutter,
and other substances which that might endanger the health
or safety of other residents of such locality;, or may, whenever the
governing body deems it necessary, after reasonable notice, have such trash,
garbage, refuse, litter, clutter,
and other like substances which that might endanger the health
of other residents of the locality, 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 locality as taxes are collected;. For purposes of this section, "clutter"
includes mechanical equipment, household furniture,
containers, and similar items that may be
detrimental to the well-being of a community
when they are left in public view for an
extended period or are allowed to accumulate.
2. Trash, garbage, refuse, litter, clutter,
and other debris shall be disposed of in personally owned or privately owned
receptacles that are provided for such use and for the use of the persons
disposing of such matter or in authorized facilities provided for such purpose
and in no other manner not authorized by law;.
3. The owners of occupied or vacant developed or undeveloped
property therein, including such property upon which buildings or other
improvements are located, shall cut the grass, weeds,
and other foreign growth, including running bamboo as defined in § 15.2-901.1,
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 as determined by the
locality, 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 locality as taxes are collected. For
purposes of this provision, one written notice per growing season to the owner
of record of the subject property shall be considered reasonable notice. No
such ordinance adopted by any county shall have any force and effect within the
corporate limits of any town. No such ordinance adopted by any county having a
density of population of less than 500 per square mile shall have any force or
effect except within the boundaries of platted subdivisions or any other areas
zoned for residential, business, commercial,
or industrial use. No such ordinance shall be applicable to land zoned for or
in active farming operation. However, in any locality located in Planning
District 6, no such ordinance shall be applicable to land zoned for agricultural
use unless such lot is one acre or less in area and used for a residential
purpose. In any locality within Planning District 23, such ordinance may also
include provisions for cutting overgrown shrubs, trees, and other such
vegetation.
4. The owners of any land, regardless of zoning
classification, used for the interment of human remains shall cut the grass,
weeds, and other foreign growth, including running bamboo as defined in §
15.2-901.1, 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 as determined by the
locality, 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 locality as
taxes are collected. For purposes of this provision, one written notice per
growing season to the owner of record of the subject property shall be
considered reasonable notice. No such ordinance shall be applicable to land
owned by an individual, family, property owners' association as defined in §
55.1-1800, or church.
B. 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 ranking on a parity with liens for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. A locality may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
C. The governing body of any locality may by ordinance provide that violations of this section shall be subject to a civil penalty, not to exceed $50 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200. Each business day during which the same violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000 in a 12-month period.
D. Except as provided in this subsection, adoption of an ordinance pursuant to subsection C shall be in lieu of criminal penalties and shall preclude prosecution of such violation as a misdemeanor. The governing body of any locality may, however, by ordinance provide that such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.