Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/05/2020        

Overgrown vegetation; local authority.

Authorizes any locality within Planning District 23 or that has a population of at least 75,000 to include provisions for cutting overgrown shrubs, trees, and other such vegetation in an ordinance requiring certain landowners to cut the grass, weeds, and other foreign growth on certain property.

Date Version PDF TXT
01/05/2020 House: Prefiled and ordered printed; offered 01/08/20 20102310D Open

            

2020 SESSION

    20102310D
    HOUSE BILL NO. 549
    Offered January 8, 2020
    Prefiled January 5, 2020
    A BILL to amend and reenact � 15.2-901 of the Code of Virginia, relating to cutting of overgrown vegetation; local authority.
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    Patron-- Ward
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    Referred to Committee on Counties, Cities and Towns
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    Be 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, 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 and other substances which 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 and other like substances which 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;

    2. Trash, garbage, refuse, litter 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. In any locality within Planning District 23 or that has a population of at least 75,000, such ordinance may also include provisions for cutting overgrown shrubs, trees, and other such vegetation.

    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.

    Picture Name From Date Type
    Jeion A. Ward D-Richmond Sponsor
    Date Branch Action
    01/24/2020 House House: Reported from Counties, Cities and Towns (19-Y 3-N)
    01/17/2020 House House: Assigned CC & T sub: Land Use
    01/05/2020 House House: Prefiled and ordered printed; offered 01/08/20 20102310D
    01/05/2020 House House: Referred to Committee on Counties, Cities and Towns
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    House 1/24/2020 12:00:00 AM 19 3 0
    Wiki





    Start Description.
    Authorizes any locality within Planning District 23 or that has a population of at least 75,000 to include provisions for cutting overgrown shrubs, trees, and other such vegetation in an ordinance requiring certain landowners to cut the grass, weeds, and other foreign growth on certain property.
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Planning
    In any locality within Planning District 23 or that has a population of at least 75,000, such ordinance may also include provisions for cutting overgrown shrubs, trees, and other such vegetation


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type