[HISTORY: Adopted by the City Council of
the City of Colonial Heights 3-9-1976 as Ord. No. 76-4. Amendments
noted where applicable.]
In order to maintain a free and unobstructed
flow of surface water, every surface water drainage easement shall
be unobstructed at all times by landowners. Any obstruction which,
in the opinion of the Director of Public Works, might endanger the
health, comfort or general welfare of the residents of the city, found
to be in violation of this section, shall constitute a public nuisance,
subject to abatement by the City at the expense of the landowner responsible
for such obstruction.
Whenever it is made to appear to the Director that there exists an obstruction which prevents a free flow of surface water and might endanger the health, comfort or general welfare of other residents of the city, he shall notify the landowner responsible for such obstruction by written notice. The notice shall set forth and contain the provisions of § 121-1, the location of the obstruction and his order for such responsible landowner to comply with the provisions of § 121-1.
The notice referred to in § 121-2 shall specify the time, not less than fifteen (15) days, in which such landowner shall comply with the order of the Director of Public Works and the provisions of § 121-1. The notice shall be served on the occupants and the record owner of such property by delivering a copy to them in person or, if they cannot be found, by leaving such copy posted at the front door of such property. If the owner is not a resident of the city, service of such notice may be made upon the agent of the owner, or if such nonresident owner does not have an agent in the City upon which service may be served, such notice may be given by publication for not less than ten (10) days in any newspaper having general circulation in the City. Notice shall also be sent by registered mail to such owner's last known address. The cost of such publication shall be collected as part of the expense of making such removal. The notice shall be served by any officer having authority to serve notices under the Code of Virginia, § 8-52, and return shall be made to the Director of Public Works.
[Amended 6-14-2016 by Ord. No. 16-20]
Upon the failure, neglect or refusal of those so notified as provided in this chapter to comply with the provisions of §§ 121-1 and 121-2, the Director of Public Works shall cause such obstruction which might endanger the health, comfort or general welfare of other residents of the City to be removed by the agents or employees of the City. In the event of removal by the City, the cost and expenses thereof shall be chargeable to and paid by the landowner responsible for such obstruction. Upon completion of such removal, the Director of Public Works shall transmit to the Director of Finance a statement of all costs and expenses incurred thereby. The incurred costs and expenses shall be added to the taxes assessed against such property and shall be collected with such taxes by any manner prescribed by law for the collection of City or state taxes.
