[HISTORY: Adopted by the Town Council of the Town of Elkton 12-18-2000. Amendments
noted where applicable.]
The purpose of this chapter is to create a system to maintain
and protect the health, safety and welfare of the citizens of the
Town of Elkton and to establish the means by which compliance shall
be accomplished.
A.
It is unlawful for any responsible person or owner to permit, maintain,
suffer, carry on or allow a public nuisance to exist, as defined by
this chapter, upon his/her premises any act or thing declared a nuisance
by this chapter.
B.
It shall be unlawful for any person to allow a public nuisance upon
any premises within the Town of Elkton. Such violations shall be corrected
by any reasonable and lawful means as provided in this chapter or
the Code of Virginia.
The Town officers are charged with enforcement of the provisions
of this chapter.
It shall be a public nuisance within the Town of Elkton if any
responsible person or persons shall maintain or allow to be maintained
on real property which he or she may have charge, control or occupy,
except as may be permitted by any other Town ordinance, whether visible
or not from any public street, alley or residence, any of the following
conditions:
A.
The making or keeping of any explosive or combustible substance in
the town, or carrying it through the streets thereof, and causing
injury to the person or property of another by careless, negligent
or unauthorized use or management of any such explosive or combustible
substance.[1]
B.
Permitting or allowing outside of any dwelling, building or other
structures or within any unoccupied or abandoned building, dwelling
or other structure, in a place accessible to children, any abandoned,
unattended or discarded icebox, refrigerator or other container which
has an airtight door or lid, snap lock or other automatic locking
device which may not be released from the inside, without first removing
said door or lid, snap lock or other locking device from said refrigerator,
icebox or container. Every violation of this section is a public nuisance.[2]
C.
Abandonment or discontinuance of the use of or permitting or maintaining
any abandoned or unused well, cistern or storage tank, without first
demolishing or removing from the Town such storage tank, or securely
closing and barring any entrance or trap door thereto, or filling
any well or cistern, or capping the same with sufficient security
to prevent access thereto by children. Any such violation is a public
nuisance.
D.
Any tin cans, bottles, glass, cans, ashes, small pieces of scrap
iron, wire, pipe, metal articles, bric-a-brac, broken stone or cement,
broken crockery, broken glass, broken plaster, and all other trash
or abandoned material, unless the same is kept in covered bins or
metal receptacles approved by the building official and not stored
in front yard.[3]
E.
Any trash, litter, rags, accumulations of empty barrels, boxes, crates,
packing cases, mattresses, bedding excelsior, packing hay, straw or
other packing material, lumber not neatly piled, scrap iron, tin,
pipe and other metal not neatly piled and not stored in the front
yard or on Town right-of-way.[4]
F.
Any attractive nuisances dangerous to children, including, but not
limited to, abandoned, broken or neglected buildings, equipment, machinery,
refrigerators and freezers, excavations, shafts, or insufficiently
supported walls or fences in any front yard, side yard, rear yard
or vacant lot.
G.
Broken or discarded furniture, furnishings, appliances, household
equipment and other similar items, in any front yard, side yard, rear
yard or vacant lot.
H.
Dead, decayed, diseased or hazardous trees or vegetation/grass clippings
(except that used as compost for fertilizer), so covered or concealed
as not to affect the health, safety or depreciation of adjoining property
including that which by casual contact with the skin is dangerous
to public health, safety and welfare located in any front yard, side
yard, rear yard or vacant lot.
I.
Graffiti on the exterior of any building, fence, or other structure
in any front yard, side yard, rear yard or vacant lot.
J.
Deposit, keep or leave or permit to be deposited, kept or left in
any place accessible to children, or in any place viewable from a
public street or alley, any abandoned, nonrunning discarded or inoperable
motor vehicle, trailer or semi-trailer, or any vehicle hulk or any
part thereof, or other articles of personal property. For the purposes
of this subsection "abandoned, nonrunning and inoperative" refers
to a vehicle as defined in § 158-17B.
[Amended 10-27-2003]
K.
Weeds exceeding eight inches in height [Weeds mean any plant, grass, weed, bush, running bamboo as defined in § 120-4.1A, vines or any other vegetation, herbaceous or woody, other than: (1) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (2) cultivated crops; (3) public recreational areas or trails intended to be left in their natural state; and (4) vegetation along natural streams or watercourses when necessary to deter erosion.] located in any front yard, side yard, rear or vacant lot, not deemed agricultural, conservation government or within 200 feet of any residential lot.
[Amended 10-27-2003; 9-17-2018]
M.
Burning or disposal of refuse, sawdust or other material in such
a manner as to cause or permit ashes, sawdust, soot or cinders to
be cast upon the streets or alleys of the town, or to cause or permit
dense smoke, noxious fumes, ashes, soot or gases arising from such
burning to become annoying or injurious to the health, comfort or
repose of the general public.
N.
Carcasses of animals not buried or destroyed within 24 hours after
death.
O.
Ponds or pools of stagnant water.
P.
All limbs or trees overhanging a public sidewalk which are less than
10 feet above the surface of such sidewalk.
Q.
The existence of any vines or climbing plants growing into or over
any street, public hydrant, pole or electrolier, or the existence
of any shrub, vine or plant growing on, around or in front of any
hydrant, standpipe, sprinkler system connection or other appliance
or facility provided for fire protection purposes in such a way as
to obscure the view thereof or impair the access thereto, or obstruct
or interfere with the proper diffusion of the light from any streetlamp.
R.
Any use of property abutting on a public street or sidewalk or any
use of public street or sidewalk which causes any obstructing of traffic
and the free use of the streets or sidewalks, provided that this subsection
shall not apply to events, programs or parades authorized by the Town
Council.[6]
S.
Any poisonous or harmful substance which is reasonably accessible
to persons or to animals.
U.
The existence of caterpillar infestations or other horticultural
pests.
V.
The existence of any fence or other structure or thing on private
property abutting or fronting upon any public street, sidewalk or
place which is in a sagging, leaning, fallen, decayed or other dilapidated
or unsafe condition.
W.
Any unsightly and dangerous building, billboard or other structure,
or any old, abandoned or partially destroyed building or structure,
any building or structure in disrepair, or any structure commenced
and left unfinished.
[Amended 10-27-2003]
X.
Repair of an automobile, truck or other motor vehicle of any kind
upon the public streets, alleys or other public property of the town.
Y.
Any putrid, unsound or unwholesome bones, meat, hides, skins, or
the whole or any part of any dead animal, fish or fowl, butcher's
trimmings and offal, or any waste vegetable or animal matter in any
quantity, garbage, human excreta or other offensive substance, provided
nothing contained in this chapter shall prevent the temporary retention
of waste in receptacles in the manner approved by the building official
of the town.
Z.
Any other condition which would constitute a nuisance under Virginia
laws.
[Added 10-21-2013]
[Added 9-17-2018]
A.
CLUMPING BAMBOO
RUNNING BAMBOO
Definitions. As used in this chapter, the following terms shall have
the following meanings:
Any tropical or semi-tropical grass with a sympodial (pachymorph)
root system that typically produces rhizomes near the base of the
plant.
Any tropical or semi-tropical grass with a monopodial (leptomorph)
rhizome (root) system characterized by aggressive spreading behavior,
typically producing rhizomes far away from the plant. Running bamboo
includes, but is not limited to, the plant genera Phyllostachys. In
the event running bamboo is found to have encroached, spread, invaded,
or intruded upon any other property or public right-of-way, said species
shall be presumed to be classified as "running bamboo." This presumption
shall be rebuttable. As used in this chapter, running bamboo shall
not include clumping bamboo.
B.
Duty to contain running bamboo; exception.
(1)
Except as provided in Subsection C of this section, a landowner on whose property running bamboo grows shall not allow the running bamboo to spread from his property to any adjoining property not owned by the landowner or within 10 feet of a public right-of-way or a public roadway.
(2)
A landowner on whose property running bamboo grows shall install
or implement an appropriate containment measure effective at preventing
such running bamboo from spreading from his property onto an adjoining
property not owned by the landowner or within 10 feet of a public
right-of-way or public roadway.
(3)
A landowner on whose property running bamboo has spread from
an adjoining property shall not be required to install or implement
a containment measure to prevent the spread of this running bamboo
if he:
(a)
Did not plant the running bamboo or cause the running bamboo
to be planted or grown on his property;
(b)
Has provided satisfactory proof to the Town of Elkton that,
within a reasonable period of time after discovering the spread of
running bamboo onto his property from an adjoining property or purchasing
property on which running bamboo had spread from an adjoining property,
he advised the owner of the adjoining property of his objection to
the spread of the running bamboo; and
(c)
Has initiated steps for the removal of the running bamboo from
his property, including remedies at law.
C.
Containment measures.
(1)
An appropriate containment measure is any measure that prevents
running bamboo from spreading to adjoining property or within 10 feet
of public right-of-way or public roadway.
(2)
A barrier used as a containment measure shall be:
(a)
Impenetrable to running bamboo; and
(b)
Installed at a sufficient depth within the property where the
running bamboo is planted or growing to prevent the growth of the
running bamboo on or the encroachment of the running bamboo upon adjoining
property or within 10 feet of a public right-of-way or public roadway.
(3)
A trench used as a containment measure shall be a sufficient
depth within the property where the running bamboo is planted or growing
to prevent the growth of the running bamboo on or the encroachment
of the running bamboo upon adjoining property or within 10 feet of
a public right-of-way or public roadway.
D.
Regulations. The Town may prescribe such rules and regulations as
necessary to give effect to this chapter.
[Amended 10-20-2008]
If at any time a Town officer shall find that a condition which
constitutes a nuisance exists within the Town, he or she shall give
notice in writing to the owner, occupant or person in charge of the
premises upon which such condition exists, stating therein the condition
which constitutes a nuisance and directing such addressee to remedy
the condition within the time stated in such notice, which shall be
not more than 30 days. It shall be unlawful for any such owner, occupant
or person in charge to fail to comply with the terms of such notice.
If the officer giving notice shall state in such notice that the condition
which constitutes a nuisance is such as to be an imminent hazard to
the health, safety or welfare of the public or any person within or
near the premises upon which such nuisance exists, then the addressee
shall comply with the terms of such notice.
[Amended 10-20-2008]
Any property owner to whom a notice is sent may appeal, in writing,
to the Town Council, within 15 days after notice is sent, and protest
the decision of the Town officer. The Council shall thereupon affirm,
modify or overrule the decision which was appealed. If the ruling
is appealed, the terms of such notice shall be stayed pending action
of the Town Council, which shall be final.
A.
It is expressly the purpose of this chapter to provide for and promote
the health, safety and welfare of the general public and not to create
or otherwise establish or designate any particular class or group
of persons who will or should be especially protected or benefited
by the terms of this chapter.
B.
No provision or term used in this chapter is intended to impose any
duty whatsoever upon the Town or any of its officers, agents or employees
for whom the implementation or enforcement of this chapter shall be
discretionary and not mandatory.
C.
Nothing contained in this chapter is intended nor shall be construed
to create or form the basis of any liability on the part of the town,
or its officers, employees or agents, for any injury or damage resulting
from any action or inaction on the part of the town, its officers,
employees or agents.
[Amended 10-21-2013]
A.
Violations of this chapter shall be subject to a civil penalty, in
the amount of $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 be $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 twelve-month period.
B.
These penalties are in accordance with Virginia Code § 15.2-900
et seq. In the event the penalty provisions of these Virginia Code
sections are amended, then these penalties shall also be automatically
amended to reflect the highest penalty allowed.
[Added 10-27-2003; amended 10-20-2008; 10-21-2013]
If 15 days elapse after written notice from a Town officer to the owner, occupant, or person in charge of the premises upon which a nuisance exists without such condition being abated or removed, and after the expiration of any right to appeal pursuant to § 120-6, the Town may abate such nuisance or remove it, charging the costs thereof to such owner or occupant and collecting such costs in the same manner as the local real estate tax. However, if the nuisance presents an imminent and immediate threat to life or property, then the Town may abate, raze, or remove such nuisance, without notice, and the Town may bring an action against the responsible party to recover the necessary costs incurred for the provision of public emergency services reasonably required to abate any such nuisance, in accordance with the provisions of Virginia Code § 15.2-900, and any future amendments to such code section.
