[HISTORY: Adopted by the Board of Supervisors
of Buchanan County 10-1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the
County specifically amends the statutory provisions to the contrary
or repeals the statutory provisions, future amendments to said statute
shall take effect as provided by law.]
Junkyards — See Ch. 42.
This chapter shall be known as the "Buchanan
County Revised Litter Control Ordinance."
A.
ADMINISTRATOR
ASHES
BRUSH
BRUSH, PRUNINGS AND TREE TRIMMINGS
COMMERCIAL ESTABLISHMENT
COMPACTED WASTE
CONTAINERS
(1)
(2)
(3)
(4)
CURBSIDE
CONTRACTOR
CONVENIENCE CENTER
COUNTY
DISPOSAL
GARBAGE
LITTER
LITTER BAG
LITTER RECEPTACLE
OPEN DUMP
OPERATOR
OWNER
PERMIT
PERSON
RECYCLING
REFUSE
RESIDENTIAL UNIT
SALVAGE
SCAVENGE
SLUDGE
SOLID WASTE
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
[1]
[2]
[3]
(h)
(i)
(j)
(k)
(l)
(m)
(n)
SOLID WASTE MANAGEMENT FACILITY
TRASH
UNCOMPACTED WASTE
WASTE GENERATOR
WASTE MANAGEMENT FACILITY (see also "solid waste management
facility")
WHITE GOODS
YARD WASTE
The following terms shall have the meanings ascribed
to them in this section when used in this chapter.
The Buchanan County Administrator or his or her duly authorized
designee.
The residue resulting from the burning of wood, coal, coke
or other combustible material.
Brushes, briars, branches, leaves and similar material.
Trimmings from growing or dead trees or bushes no more than
six inches in diameter. Any such trimmings over four inches will not
be accepted. These items will only be accepted at the landfill site,
free of dirt and debris. This shall include roots or stumps that exceed
four inches in diameter, free of dirt and debris.
A building or other structure and/or lot or tract of land
used for or as a part of the operation of a business enterprise, whether
for profit or not, which is not used in whole as a residential unit.
For the purposes of this chapter, any structure which is used by the
same owner or tenant for both residential and business purposes shall
be deemed to be a commercial establishment; provided, however, that
if the Administrator determines that the mixed-use structure generates
a volume of solid waste that does not exceed the average amount of
waste generated by a residence in Buchanan County, then such mixed-use
structure may be deemed to be a residential unit.
Refuse or waste which has been reduced in volume by mechanical
or hydraulic means and remains in this state of reduced volume until
deposited at the landfill.
Solid waste containers for rural areas, commercial
establishments or industry are to be four cubic yards' capacity, as
furnished by the County, its agency or privately, as approved by the
Board of Supervisors of Buchanan County, Virginia.
Solid waste containers for door-to-door residential
or commercial collection shall be not more than 20 gallons' capacity
and constructed of galvanized metal or plastic. They shall be equipped
with a close-fitting lid and a handle. Cans must be constructed with
no inside baffles to facilitate discharge of solid wastes. Maximum
weight of any one container shall not exceed 40 pounds.
Nonreusable: plastic sacks designed for the
refuse disposal with sufficient wall strength to maintain physical
integrity when lifted by the top; securely tied at the top for collection,
with a capacity not to exceed 30 gallons and loaded weight not to
exceed 35 pounds. Nonreusable containers shall also include garbage
compactor bags that meet the capacity and weight requirements for
plastic sacks. Both reusable and nonreusable containers shall also
be referred to as "standard containers" in this chapter.
Bulk: bins of metal construction capable of
being emptied by mechanical equipment operated by the County, generally
referred to as "dumpsters," which have a capacity of at least two
cubic yards and not more than eight cubic yards. Also included are
large-capacity roll-on dumpsters.
That portion of the street or highway right-of-way adjacent
to the paved or traveled portion of a primary or secondary roadway
as established by the Virginia Department of Transportation or Buchanan
County.
The person with whom Buchanan County may contract for the
collection of solid waste generated within Buchanan County; however,
nothing shall be deemed to require the County to contract for collection
of all or part of its solid waste. In the event that the County does
contract for collection of all or part of its solid waste, then the
term "contractor" shall be substituted for Buchanan County where appropriate
in this chapter.
A collection point designated and operated by Buchanan County
at which large items, white goods, tires and other wastes not suitable
for regular pickup may be deposited.
Refers to Buchanan County unless the text of this chapter
specifically refers to some other county.
Includes the storage, collection, disposal or handling of
refuse.
Readily putrescible discarded materials composed of animal,
vegetable or other organic matter.
Any solid waste that is disposed of as prohibited herein
or allowed to be carelessly discarded or scattered about in an unsightly
manner. Litter shall include, but not be limited to, garbage, trash,
refuse and rubbish and any other solid waste as referred to within
this chapter.
A bag or sack, of durable material, which is large enough
to serve as a receptacle for the litter inside a vehicle or watercraft
which is similar in size and capacity to a state-approved litter bag.
A container with a capacity of not less than 10 gallons constructed
of such quality as to maintain the original shape when placed at an
outdoor location; reasonably resistant to rust and corrosion; and
placed for use as a depository for litter. Appliances (refrigerators,
freezers, etc.) cannot be used as litter receptacles.
A site on which any solid waste is placed, discharged, deposited,
injected, dumped, or spilled, so as to create a nuisance or so as
to pose within the determination of the Administrator a substantial
present or potential hazard to human health or the environment, including
the pollution of air, land, surface water or groundwater. A disposal
facility operating without all permits required by the state and/or
federal governments shall be considered an open dump.
The person responsible for the overall operation and site
management of a solid waste facility.
The person, corporation, or other legal entity in whom is
vested the title to an interest in the land on which a solid waste
management facility is located; the person, corporation or other legal
entity in whom is vested title to an interest in the land upon which
a residence, residential unit, multiunit residential unit, commercial
establishment or industry is located.
The written permission issued by the state or federal government
to own, operate, or construct a solid waste management facility; and
any license issued pursuant to the provisions of this chapter.
An individual, corporation, partnership, association, a governmental
body, a municipal corporation, or any other legal entity.
The process of separating a given waste material from the
waste stream and processing it so that it is used again as a raw material
for a product, which may or may not be similar to the original product.
Discarded waste materials in a solid or semisolid state,
consisting of garbage, ashes, trash, rubbish, or a combination thereof.
A group of rooms located within a building and forming a
single inhabitable unit with facilities which are used or are intended
to be used for living, sleeping, cooking and/or eating. A residential
unit shall also include buildings containing not more than four contiguous
single-family dwelling units; however, each unit shall be deemed to
be a separate dwelling unit for billing purposes. Buildings containing
more than four contiguous single-family dwelling units shall be considered
commercial customers for the purpose of this chapter. The term "residential
unit" shall also be deemed to include mobile home parks. If there
are more than four units, the mobile home park shall be deemed to
be a commercial customer.
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
The unauthorized or uncontrolled removal of waste materials
from a solid waste management facility.
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, coal mining or
gas water disposal system, water supply treatment plant, air pollution
control facility, or other waste-producing facility, but as used in
this chapter the term does not include the treated effluent from a
wastewater treatment plant.
Any garbage, refuse, sludge, and other discarded
material, including solid, liquid, semisolid or contained gaseous
material, resulting from residential, industrial, commercial, mining
and agricultural operations and from community activities but does
not include:
Solid or dissolved material in domestic sewage;
Solid or dissolved material in irrigation return
flows or in industrial discharges which are sources subject to a permit
from the State Water Control Board; or
Source, special nuclear, or byproduct material
as defined by the Federal Atomic Energy Act of 1954, as amended.
The solid waste herein defined also may refer
to the following further defined types, i.e.:
COAL MINE WASTEAny commercial waste, construction/demolition waste, debris waste, inert waste, metals, garbage, mining equipment and/or machinery and any other waste generated prior, during, or after mining activities and which may be disposed of in compliance with this chapter and all other applicable state and federal laws and regulations.
COMMERCIAL WASTEAll solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, and shopping centers.
CONSTRUCTION/DEMOLITION WASTEThe waste building material, packaging and rubble, resulting from construction, remodeling, repair and demolition operations on pavement, houses, commercial buildings, and other structures.
DEBRIS WASTEWaste resulting from land clearing operations, including but not limited to stumps, wood, brush, leaves, soil and road spoils.
HOUSEHOLD WASTEAny waste material, including garbage, trash and refuse normally produced or derived from single and/or multiple residential households and residences. Household wastes do not include sanitary waste in septic tanks (septage).
HAZARDOUS WASTEA solid waste or combination of solid waste which, because of its quantity, concentration or physical, chemical or infectious characteristics, may: (a) cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or (b) pose a substantial present or potential hazard to human health, the collection/disposal system, or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The foregoing definition is intended to include any waste now or hereafter designated as such by state or federal agencies with jurisdiction and authority to promulgate and enforce rules and regulations for the handling and disposal of hazardous and other waste.
Liquids having a flash point of less than 140°
Fahrenheit (60° Centigrade).
[b]. Nonliquids liable to cause fires through
friction, absorption of moisture, spontaneous chemical change or retained
heat, or which are liable, when ignited, to burn so vigorously and
persistently as to create a hazard.
Ignitable compressed gases, and/or oxidizers.
INDUSTRIAL WASTEAny solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; mining or oil and gas operations; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment.
INERT WASTESolid waste which is chemically and biologically stable from further degradation and considered to be nonreactive. Inert waste includes rubble, concrete, broken bricks, bricks and blocks.
INFECTIOUS WASTEAny solid waste if it is capable of producing an infectious disease in humans; is one of the controlled infectious wastes listed in any relevant section or sections of the Infectious Waste Management Regulations of the Virginia Department of Environmental Quality as applicable at any given time, or is identified as infectious by a licensed physician or registered nurse. A waste shall be considered to be capable of producing an infectious disease if it has been, is or may have been contaminated by an organism that is or may be pathogenic to humans and if such organism has a significant probability of being present in sufficient quantities and with sufficient virulence to transmit disease. If the exact cause of a disease is unknown, but the health care professional in charge suspects the presence of a pathogen in the waste is the cause, such waste shall be managed as if the pathogen were identified and such waste shall be considered to be infectious waste.
INSTITUTIONAL/GOVERNMENT WASTEAll solid waste emanating from institutions such as, but not limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include infectious waste from health care facilities and research facilities which has not been classified as a hazardous waste by the Virginia Hazardous Waste Regulations or the United States Environmental Protection Agency. Infectious waste which has been defined by state or federal law, rule or regulation as hazardous waste must be excluded from the waste stream.
PUTRESCIBLE WASTESolid waste which contains organic material capable of being decomposed by microorganism, and which causes odors.
RESIDENTIAL WASTEHousehold waste.
WASTE OILA spent petroleum product or lubricating fluid from vehicles or equipment.
Any facility which engages in a planned program for effectively
controlling the storage, collection, transportation, processing and
reuse, conversion or disposal of solid waste in a safe, sanitary,
aesthetically acceptable, environmentally sound and economic manner,
in full compliance with all applicable local, state and federal regulations.
The Buchanan County Transfer Station and Buchanan County Landfill
are solid waste management facilities.
Noncombustible discarded materials, including, but not limited
to, ashes, scrap metal, glass, brick, concrete or other construction
materials.
Refuse or waste which has not been reduced in volume by mechanical
or hydraulic means or, if so, has not been maintained in this reduced-volume
state during the transportation to the landfill.
The person who actually produces waste intended for disposal
at the landfill.
That area designated by the County Administrator for the
collection of refuse intended for disposal at the landfill or transfer
station.
Refrigerators, freezers, stoves, clothes dryers, washing
machines, water heaters, window air conditioners and other large appliances
of similar size or character, and waste metal products.
Decomposable waste materials generated by yard and lawn care,
and include leaves, grass trimmings, brush up to six inches in diameter
and shrubs and tree trimmings arising from general landscaping maintenance.
This shall not include roots or stumps that exceed four inches in
diameter.
B.
Where terms are not defined in this chapter and the
context or practice requires definition, they shall have the meaning
specified in Chapter 14 of Title 10.1 of the Code of Virginia, 1950,
as amended and/or specified in other relevant statutes, and/or the
Solid Waste Management Regulations of the Virginia Department of Environmental
Quality, as now or hereafter adopted as are applicable.
C.
In case of conflict, the statutes and regulations
applicable to the particular requirement involved shall prevail over
those in this chapter.
[Amended 7-15-2019]
Whereas, in order to control the act of littering, it is deemed
necessary for Buchanan County, Virginia to impose regulatory action
on persons who litter as authorized by Article 3 of Title 10.1 of
the Code of Virginia, and § 33.2-802 (formerly § 33.1-346)
of the Code of Virginia:
A.
Littering
prohibited; violations; penalties.
(2)
Private responsibility. The owner or occupant of any premises within
the County of Buchanan shall be responsible for the sanitary conditions
of the premises occupied by him. It shall be unlawful for any person
to place, deposit or allow to be placed or deposited or allow to accumulate
on his premises any solid waste material, except as designated by
the terms of this chapter.
(3)
No person shall dump or otherwise dispose of trash, garbage, refuse
or other unsightly matter upon public property, including a public
highway, right-of-way or property adjacent to such public highway
or right-of-way, or on private property without the written consent
of the owner thereof or his agent.
(4)
General penalty.
(a)
Any person, firm or corporation violating any provision of this article
shall, upon conviction, be punished by a fine of not less than $250
nor more than $2,500 or by confinement in jail not exceeding 12 months,
either or both. In lieu of the imposition of confinement in jail,
the court may order the defendant to perform a mandatory minimum of
10 hours of community service in litter abatement activities. The
Court, in lieu of the imposition of confinement in jail, may impose
more than 10 hours of community service in litter abatement activities
as determined within the discretion of the Court.
(b)
Each day's continuance of a violation of this article shall constitute
a separate offense.
(c)
Enforcement of this article shall be the responsibility of the Buchanan
County Litter Officers and any duly authorized law enforcement officer
of the Buchanan County Sheriffs Office or Virginia State Troopers
of the Virginia State Police operating within Buchanan County.
(d)
Complaints regarding collection and disposal of solid waste must
be made to the County Administrator, in writing, or made known to
the Board of Supervisors.
(5)
Littering violations, procedure and rebuttable presumptions, civil
penalties.
(a)
When any person is arrested for a violation of § 77-3A(3) and the matter alleged to have been illegally dumped or disposed of has been ejected from a motor vehicle, the arresting officer may comply with the provisions of § 46.2-936 of the Code of Virginia in making such arrest.
(b)
When a violation of the provisions of § 77-3A(3) has been observed by any person and the matter illegally dumped or disposed of has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall be inferred to be the person ejecting such matter. However, such inference shall be rebuttable by competent evidence.
(c)
In a prosecution for violation of § 77-3A(3), evidence that trash, garbage, refuse or other unsightly matter was found upon public property, including a public highway, right-of-way or property adjacent to such public highway or right-of way, or on private property or deposited on private property without the written consent of the owner thereof or his agent and that such matter contained articles of mail or other documents on which appears the name and address of a person and that such articles or documents were found distributed throughout such matter shall create an inference that the trash, litter or other matter is the property of the person whose name and address appear on such property, or the articles or documents and that such person disposed of the same in violation of this chapter. However, such inference shall be rebuttable by competent evidence.
(d)
Upon conviction of any person for violation of § 77-3A(3), the court may suspend the imposition of any sentence, except for the minimum fine of $250, on the condition that the defendant volunteers his services for such period of time as the court may designate to remove litter from the highway and public areas.
(f)
The County's litter control officers and County attorneys, or their
duly authorized designees, be and hereby are authorized in accordance
with § 15.2-901 and § 10.1-1418.1 of the Code
of Virginia, and any other applicable statutes and ordinances, as
amended, to bring in behalf of Buchanan County civil actions, including
claims for injunctive relief, fines, penalties, court costs and attorney
fees, against any person or entity that illegally litters the roadways
and streams within Buchanan County or dumps or allows the illegal
dumping of trash, debris and wastes within the County boundaries.
The proceeds from such civil actions shall be paid to the Treasurer
of Buchanan County.
B.
Uncovered
vehicles, escape of load.
(1)
No vehicle shall be driven or moved on any highway unless such vehicle
is constructed or loaded to prevent any of its load from dropping,
sifting, leaking, or otherwise escaping therefrom; provided, however,
that sand or any substance to increase traction or water or other
substance may be applied on a roadway in the cleaning or maintaining
of such roadway by the state or local government agency having such
responsibilities.
(2)
No person in an aircraft shall throw out, drop or deposit within
the County any litter or other object.
(3)
Any operator of a vehicle from which an object has escaped, that
may cause an obstruction or damage a vehicle or endanger travelers
on such public property, shall immediately cause the public property
to be cleaned of all objects and shall be responsible for all of the
costs of removal.
(4)
Any person found guilty of a violation of this section shall be guilty
of a Class 2 misdemeanor. Any second or subsequent offense shall constitute
a Class 1 misdemeanor.
A.
Areas surrounding commercial establishments and institutions.
It shall be the duty of each proprietor and each operator of any business,
industry, or institution to keep the adjacent and surrounding area
clear and free of litter. These areas include, but are not limited
to, public and private sidewalks, roads, and alleys, grounds, parking
lots, loading and unloading areas, and all vacant lots which are owned
or leased by said establishment or institution.
B.
Keeping exterior of residential and commercial property
clean.
(1)
It shall be the duty of each residential property
owner and tenant to keep all exterior private property free of litter.
The owner or occupant of any premises within the County shall be responsible
for the sanitary conditions of such premises, and it shall be unlawful
for any person to place, deposit or allow to be placed or deposited
on his premises any solid waste, except as designated by the terms
of this chapter. It shall be the duty of each owner and tenant to
keep all exterior property free of litter or waste; these areas shall
include, but not be limited to: sidewalks, public roads, alleys and
driveways; yards and grounds; fences; walls and property lines; drainages
and vacant lots in both residential and commercial areas.
(2)
Upon violation of this section, the County may proceed
against either the tenant, owner or person in control or against all
such persons. A warning citation shall be served on the owner or occupant
of any premises upon which solid waste is found in violation of this
section, giving the owner or occupant 10 days to remove such solid
waste. If the owner or occupant does not comply with the terms of
such citation, he or she shall be served a summons for violation of
this section.
(3)
This section shall not be deemed to prohibit the accumulation
of litter awaiting the next regularly scheduled refuse or garbage
collection if such property is served by regularly scheduled garbage,
refuse or litter collection. Such collection shall be deemed to be
regular if such collection regularly occurs at least once per week
or more frequently.
C.
Indiscriminate dumping or discarding of litter and
solid waste. It shall be unlawful for any person to discard or dump
along any street or road, on or off the right-of-way, any form of
solid waste, rubbish, refuse, junk, motor vehicle or vehicle part,
rubber tires, appliances, furniture, or any other material or equipment,
on public or private property, with or without permission of the property
owner, except in County-approved receptacles provided for public use
for the deposit of said material, or except in an area designated
by the State Department of Health as a permitted solid waste disposal
site or collection facility.
D.
Cleanup of premises by county authorization.
(1)
The owners of property within the County shall, within
10 days of receiving written notice from the County, remove from the
property any and all trash, garbage, refuse, litter, solid waste of
any type and other substances which might endanger the health or safety
of other residents of the County.
(2)
If, after 10 days of receiving the notice, the owners
of such property have failed to take action as directed by the notice,
the County may have such trash, garbage, refuse, litter and other
substances which might endanger the health or safety of other residents
of the County removed by its own agents or employees, in which event
the cost or expense thereof shall be chargeable to and paid by the
owners and/or tenants of such property and may be collected by the
County as taxes are collected.
(3)
Execution of the notice to remove litter shall be
in writing and shall be in the form of a letter on County letterhead,
sent by registered mail and/or delivered by an employee or agent of
the County as designated by the Administrator.
(4)
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 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.
The County 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.
(5)
In regard to solid waste consisting of equipment and/or
machinery, the owner may request permission from the County to construct
a screening type of fence around said equipment and/or machinery,
in lieu of removal and disposal of such solid waste.
E.
Violations and penalties. Any violation of § 77-4 shall result in 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 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. In the event that three civil penalties have previously been imposed on the same defendant for the same or similar violations, not arising from the same set of operative facts, within a twenty-four-month period, such shall constitute a Class 3 misdemeanor. Classifying such subsequent violations a criminal offense shall preclude the imposition of civil penalties for the same violation.
It shall be the duty of any person owning or
operating any commercial establishment to provide receptacles adequate
to contain the litter generated at said establishment. The penalty
established for violation of this section shall be $25 for each day
of violation. The offender shall receive a summons from the enforcement
officer for any violation of this section. The offender may pay the
fine in lieu of appearing in court on any first offense.
[Amended 12-6-2022]
It shall be unlawful to improperly dispose of any solid waste as defined in this chapter at a facility operated for or in a receptacle placed for public or private use. Improper disposal shall mean and include the depositing in such facility of solid waste which is not accepted or authorized for disposal by such facility. The types of waste not accepted at any such facility shall be displayed at the entrance of such facility or on the receptacle. Improper disposal shall mean and include depositing solid waste that was generated outside of Buchanan County, VA and placed in receptacles or depositories owned and/or maintained by Buchanan County, VA. A violation of this section shall be treated in the same manner as a litter violation pursuant to § 77-3 and be subject to the same criminal or civil penalties.
For cleanup of roadside litter and identified
illegal dumps within the County, there is hereby established a program
pursuant to § 53.1-129 of the Code of Virginia, 1950, as
amended, and the Sheriff of the County and any of his deputies and
any Special Conservator of the Peace/Litter Officer who has been approved
by a court of competent jurisdiction shall be permitted to utilize
probationers or remove inmates from the county or regional jail under
their supervision to work in this program, providing that any such
inmate has been specifically approved to be permitted to participate
in this program by the Sheriff and by the court. Probationers will
be assigned to two-mile designated sections of highway, cleaned up
every two weeks for the duration of their assignment to this program.
Inmates shall be utilized only for the cleanup of illegal dumps identified
by the County Litter Control Department. During the cleanup of illegal
dumps, the Special Conservator of the Peace/Litter Control Officer
or the Sheriff or his deputies will be present during this volunteer
work.
A.
It shall be unlawful for any owner, agent, or contractor
to permit the accumulation of litter before, during, or after completion
of any construction or demolition project within the County.
B.
It shall be the duty of the owner, agent, firm or
contractor in charge of a construction or development site to furnish
litter receptacles and to collect and contain all material to prevent
scattering. All construction and/or demolition debris shall be removed
from such site upon completion of any project, and disposed of at
the landfill or transfer station, subject to the Buchanan County's
tipping fees.
C.
Where any substances, litter, or foreign matter has
been tracked or deposited on any street, it shall be promptly removed
by the person or persons responsible. The term "responsible person"
used in this section shall mean the driver, his employer, the owner,
or the prime contractor in charge of construction or demolition on
any property.
D.
Each contractor or owner must have a valid building
permit in order to utilize the transfer station for the disposal of
construction or demolition waste. Each owner or contractor which has
a permit must make arrangements with the Buchanan County Building
Department to do one of the following:
(1)
The owner or contractor may contract with a private
service to provide a dumpster for the containment and disposal of
construction or demolition waste;
(2)
The contractor or owner may contain and dispose of
construction or demolition waste pursuant to this chapter; or
(3)
The contractor or owner, for a fee, may obtain disposal
service and a dumpster from the County.
E.
The Buchanan County Building Inspector shall not issue
a building permit to an owner or contractor without evidence that
the owner or contractor has a certificate from the Buchanan County
Solid Waste Department showing that the owner or contractor has properly
provided for the collection and disposal of construction and/or demolition
waste.
F.
No occupancy permit shall be issued for any structures
by the County Building Inspector unless and until the holder of such
permit or his contractor provides satisfactory evidence that all construction
debris or waste has been disposed of properly. Any violation of this
subsection shall constitute a Class 3 misdemeanor.
G.
Any violation of any provision of this section shall
constitute a Class 3 misdemeanor. A second or subsequent offense shall
constitute a Class 2 misdemeanor.
It shall be unlawful for any person or organization distributing handbills, leaflets, flyers, or any other advertising or informational materials to distribute material in such a manner that it litters either public or private property within the County, unless said person or organization provides appropriate clean-up of said handbills, leaflets, flyers or other advertising or information materials within 24 hours of distribution. Violation of this section shall be treated as a litter violation of § 77-3 subject to the civil penalties provided for in § 77-3A(5)(f).
This section is intentionally reserved for future
provisions as to recycling.
For the purpose of evidence presented in court
upon prosecution or action for violation of any prohibition or requirement
of this chapter, there shall be an inference that any article of garbage,
trash or solid waste bearing a person's printed or written name or
address found on the property of another, or on any public property
other than a permitted facility, is the property of such person whose
name or address appears thereon, and that such person placed or caused
to be placed such garbage, trash or solid waste in the location at
which found, or failed to properly dispose of the same; provided,
however, that such inference may be rebuttable by competent evidence.
A.
ABANDONED MOTOR VEHICLE
(1)
(2)
(3)
AUTOMOBILE GRAVEYARD
INOPERATIVE MOTOR VEHICLE
SHIELDED OR SCREENED FROM VIEW
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A motor vehicle, trailer or semi-trailer or part of a motor
vehicle, trailer or semi-trailer that:
Is inoperative and is left unattended on public
property for more than 48 hours; or
Has remained illegally on public property for
more than 48 hours; or
Has remained for more than 48 hours on private
property without the consent of the property's owner, regardless of
whether it was brought onto the private property with the consent
of the owner or person in control of the private property.
See Chapter 42 of the County Code, referencing § 33.1-348 of the Code of Virginia.
Any one or more of the following: (i) any motor vehicle which
is not in operating condition; (ii) any motor vehicle which for a
period of 60 days or longer has been partially or totally disassembled
by the removal of tires and wheels, the engine, or other essential
parts required for operation of the vehicle; or (iii) any motor vehicle
on which there are displayed neither valid license plates nor a valid
inspection decal. However, the provisions of this section shall not
apply to a licensed business which, on June 26, 1970, is regularly
engaged in business as an automobile dealer, salvage dealer, scrap
processor, repair shop or wrecker service.
The subject vehicle is not visible, by someone standing at
ground level, from a public road from outside of the property on which
it is located because the vehicle is within a fully enclosed building
or structure, hidden from sight by a fence, or otherwise obstructed
from view.
B.
Abandoning motor vehicles prohibited; penalty.
(1)
No person shall cause any motor vehicle to become an abandoned motor vehicle as defined in § 77-12A. In any prosecution for a violation of this section, proof that the defendant was, at the time that the vehicle was found abandoned, the owner of the vehicle shall create a rebuttable presumption that the owner was the person who committed the violation. Such presumption, however, shall not arise if the owner of the vehicle provided notice to the Department of Motor Vehicles (DMV) that he had sold or otherwise transferred the ownership of the vehicle.
(2)
No person shall maintain an automobile graveyard without
having shielded or screened from view said automobile graveyard.
(3)
A summons for a violation of this § 77-12B shall be executed by mailing a copy of the summons by first-class mail to the address of the owner of the vehicle as shown on the records of the DMV. If the person fails to appear on the date of return set out in the summons, a new summons shall be issued and delivered to the Sheriff of Buchanan County for service on the accused personally. If the person so served then fails to appear on the date of return set out in the summons, proceedings for contempt shall be instituted.
(4)
If an individual landowner, renter or lessee has more
than one abandoned vehicle that is visible from a public road, the
landowner, renter or lessee must erect a fence or otherwise shield
or screen the vehicle from public view.
(5)
Notwithstanding the other provisions of this section,
if the owner of such vehicle can demonstrate that he is actively restoring
or repairing the vehicle, and if it is shielded or screened from view
and being used for the restoration or repair, such vehicle may remain
on the property.
(6)
Any person convicted of a violation of this § 77-12 shall be subject to a civil penalty of $100 for the initial summons and not more than $250 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of $5,000. Prosecution of violation of this subsection for a civil penalty pursuant to this section shall be in lieu of criminal sanctions, and such pursuit of a civil penalty shall preclude the prosecution of a violation as a criminal misdemeanor.
C.
It shall be unlawful for the owner of any property
or any abandoned or inoperative motor vehicle to fail to remove, move
to a fully enclosed building or otherwise shield or screen from view
an abandoned or inoperative motor vehicle within 15 days after the
date of the notice requesting the owner to do so. Such person shall,
upon conviction, be guilty of a Class 3 misdemeanor. A second offense
shall constitute a Class 2 misdemeanor. A third or subsequent offense
shall constitute a Class 1 misdemeanor.
D.
Custody of abandoned vehicles. The County Administrator
or his or her designee may, when he deems it necessary, give written
notice to the owner, renter or lessee of any property, if different
from the owner and if known, on which an abandoned or inoperative
motor vehicle is located but is not within a fully enclosed building
or structure or is not otherwise shielded or screened from view, or
to the owner of such abandoned or inoperative motor vehicle, stating
the facts which constitute a violation of this section and directing
such person to take such action as may be necessary to rectify the
conditions within 15 days from the date of the notice. The County
may employ its own personnel, equipment, and facilities or hire persons,
equipment, and facilities, firms, or corporations who may be independent
contractors for removing, preserving, and storing abandoned or inoperative
motor vehicles.
E.
Notice to owner of vehicle taken into custody.
(1)
When Buchanan County takes an abandoned or inoperative
vehicle into custody the Administrator shall, within 15 days, by registered
or certified mail, return receipt requested, notify the owner of record
of the motor vehicle and all persons having security interests in
the vehicle of record that it has been taken into custody. The notice
shall:
(a)
State the year, make, model, and serial number
of the abandoned motor vehicle.
(b)
Set forth the location of the facility where
it is being held.
(c)
Inform the owner and any persons having security
interests of their right to reclaim it within 15 days after the date
of the notice after payment of all towing, preservation, and storage
charges resulting from placing the vehicle in custody. The notice
shall state that the failure of the owner or person having security
interests to reclaim the vehicle within the time provided shall constitute:
(2)
The cost of any such removal and proper disposal shall
be chargeable to the owner of the abandoned or inoperative vehicle
or premises from which the vehicle was removed and may be collected
by the County as taxes and levies are collected, and every cost authorized
by this section with which the owner of the premises has been assessed
shall constitute a lien against the property from which the vehicle
was removed, the lien to continue until payment of such costs has
been made to the County.
(3)
If records of the DMV contain no address for the owner
or no address of any person shown by the DMV's records to have a security
interest, or if the identity and addresses of the owner and all persons
having security interests cannot be determined with reasonable certainty,
notice by publication once in a newspaper of general circulation in
the area where the motor vehicle was abandoned shall be sufficient
to meet all requirements of notice pursuant to this chapter as to
any persons who cannot be notified pursuant to the foregoing provisions
of this section. Notice by publication may contain multiple listings
of abandoned motor vehicles. Any notice of this kind shall be within
the time requirements prescribed by this section for notice by mail
and shall have the same contents required for a notice by mail.
F.
Sale of vehicle at public auction; disposition of proceeds. If an abandoned vehicle is not reclaimed as provided for in § 77-12E of this chapter, then Buchanan County or its authorized agent shall sell it at public auction. The purchaser of the motor vehicle shall take title to the motor vehicle free of all liens and claims of ownership of others, shall receive a sales receipt at the auction, and shall be entitled to apply to and receive from the DMV a certificate of title and registration card for the vehicle. The sales receipt from the sale shall be sufficient title only for purposes of transferring the vehicle to a demolisher for demolition, wrecking, or dismantling, and in that case no further titling of the vehicle shall be necessary. From the proceeds of the sale of an abandoned motor vehicle, Buchanan County or its authorized agent shall reimburse itself for the expenses of the auction, the cost of towing, preserving, and storing the vehicle which resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred pursuant to § 77-12E of this chapter. Any remainder from the proceeds of a sale shall be held for the owner of the abandoned motor vehicle or any person having security interests in the vehicle, as their interest may appear, for 90 days, and then be deposited into the Treasury of Buchanan County.
G.
Vehicles abandoned in garages.
(1)
For the purposes of this section, "garage" means any
commercial parking place, motor vehicle storage facility or establishment
for the servicing, repair, maintenance or sale of motor vehicles,
whether or not the vehicle had been brought to that location with
the consent of the owner or person in control of the premises, and
"garage keeper" means the operator of a garage.
(2)
Any motor vehicle, trailer, semi-trailer, or part thereof shall be considered abandoned and may be reported by the garage keeper to the County if it has been left in a garage for more than 10 days or for more than 10 days beyond the period the vehicle was to remain on the premises pursuant to a contract, after notice by registered or certified mail, return receipt requested, to the owner of record and all persons having security interests of record therein, to reclaim the vehicle within 15 days of notice. Any abandoned motor vehicle left in a garage may be taken into custody by the locality in accordance with § 77-12D of this chapter and shall be subject to the notice and sale provisions contained in § 77-12E of this chapter. If, however, the vehicle is reclaimed in accordance with § 77-12E of this chapter, the person reclaiming it, in addition to the other charges required to be paid, shall pay the reasonable charges of the garage keeper, unless otherwise provided by contract or ordinance. If the vehicle is sold pursuant to § 77-12F of this chapter, any garage keeper's charges shall be paid from, and to the extent of, the excess of the proceeds of sale after paying the expenses of the auction, the costs of towing, preserving, and storing the vehicle which resulted from placing the vehicle in custody and all notice and publication costs incurred to § 77-12E.
H.
Vehicles abandoned on private property other than
garages.
(1)
Notwithstanding any other provisions of this chapter, if an abandoned motor vehicle is left on private property, other than an establishment covered by the provisions of § 77-12G of this chapter, regardless of whether the vehicle had been brought to that location with the consent of the owner or person in control of the private property, the owner or person in control of the private property may send a notice, by registered or certified mail, return receipt requested, to the owner of record of the motor vehicle and all persons having security interests in the vehicle of record in the office of the DMV, describing the motor vehicle by year, make, model, and serial number, and advising that unless the vehicle is reclaimed and removed within 30 days from the date of notice, its owner and all persons having security interests in the vehicle shall have waived all right, title and interest in the vehicle. If the motor vehicle is not reclaimed by its owner or a person having a security interest in the vehicle of record within 30 days from the date of the notice, the owner or person in control of the private property on which the motor vehicle was abandoned may apply to the DMV for a title to such vehicle. On verification that the notice provisions of this section have been complied with, the DMV shall issue a certificate of title to the vehicle in the name of the person submitting the application. The appropriate forms for use in making application for title to abandoned motor vehicles pursuant to this section may be obtained from the office of the County Administrator.
(2)
The provisions of this section shall apply only to
motor vehicles registered in Virginia. In cases of motor vehicles
registered in other states, the DMV shall issue certificates of title
to their owners on proof satisfactory to the DMV that the persons
required to be notified by registered or certified mail have received
actual notice fully containing the information required by this section.
I.
Disposition of inoperative abandoned vehicles. Notwithstanding
any other provisions of this chapter, any inoperative motor vehicle,
trailer or semi-trailer which has been taken into custody pursuant
to other provisions of this section may be disposed of to a demolisher,
without the title and without the notification procedures, by the
person or Buchanan County on whose property or in whose possession
the motor vehicle, trailer or semi-trailer is found. The demolisher,
on taking custody of the inoperative abandoned motor vehicle, shall
notify the DMV on forms and in the manner prescribed by the DMV. Notwithstanding
any other provisions of law, no other report or notice shall be required
in this instance.
J.
Surrender of certificate of title.
(1)
No demolisher who purchases or otherwise acquires
a motor vehicle for wrecking, dismantling, or demolition shall be
required to obtain a certificate of title for the motor vehicle in
his own name. After the motor vehicle has been demolished, processed,
or changed so that it is no longer a motor vehicle, the demolisher
shall surrender to the DMV for cancellation the certificate of title
or sales receipt for the vehicle. The appropriate forms and regulations
governing the surrender of sales receipts and certificates of title
may be obtained from the office of the County Administrator.
(2)
Demolishers shall keep accurate and complete records
of all motor vehicles purchased or received by them in the course
of their business. These records shall contain the name and address
of the person from whom each motor vehicle was purchased or received
and the date on which purchases or receipts occurred. These records
shall be open for inspection by the DMV at any time during normal
business hours.
K.
Sale of personal property found in abandoned vehicles.
Any personal property found in any unattended or abandoned motor vehicle,
trailer or semi-trailer may be sold incident to the sale of the vehicle
as authorized in this section.
L.
Leaving vehicle on private property.
(1)
No person shall leave any motor vehicle, trailer,
semi-trailer, or part of a motor vehicle, trailer, or semi-trailer
on the private property of any other person without his consent. On
complaint of the owner of the property on which such motor vehicle,
trailer, semi-trailer, or part thereof has been left for more than
72 hours, such motor vehicle, trailer, semi-trailer, or part thereof,
may be removed by or under the direction of a law enforcement officer
to a storage area. The owners of private property which is normally
open to the public for parking shall post or cause to be posted signs
warning that vehicles left on the property for more than 72 hours
will be towed or removed at their owners' expense. The person at whose
request the vehicle, trailer, or semi-trailer, or part thereof is
so removed shall indemnify the County against any loss or expense
incurred by reason of removal, storage, or sale thereof.
(2)
In the case of the removal of a motor vehicle, trailer,
semi-trailer or part of a motor vehicle, trailer, or semi-trailer
from private property, when it cannot be readily sold, the motor vehicle,
trailer, semi-trailer, or part thereof may be disposed of in whatever
manner the governing body of the County may provide.
[Amended 1-5-2015; 8-7-2023]
A.
Owners of property within the County shall, whenever prescribed by
resolution of the Board of Supervisors, remove, repair or secure any
building, wall or other structure which might endanger the public
health or safety or other residents of the County.
B.
The Board of Supervisors, through its own agents or employees, may
remove, repair or secure any building, wall or any other structure
which might endanger the public health or safety of other residents
of the County if the owner and lienholder of such property, after
reasonable notice and a reasonable time to do so, has failed to remove,
repair, or secure the building, wall or other structure. For purposes
of this section, repair may include maintenance work to the exterior
of a building to prevent deterioration of the building or adjacent
buildings. For purposes of this section, reasonable notice includes
a written notice i) mailed by certified or registered mail, return
receipt requested, sent to the last known address of the property
owner and ii) published once a week for two successive weeks in a
newspaper having general circulation in the County. No action shall
be taken by the County to remove, repair or secure any building, wall
or other structure for at least 30 days following the later of the
return of the receipt or newspaper publication, except the County
may take action to prevent unauthorized access to the building within
seven days of such notice if the structure is deemed to pose a significant
threat to public safety and such fact is stated in the notice.
C.
If the Board of Supervisors, through its own agents or employees,
removes, repairs, or secures any building, wall or any other structure
after complying with the notice provisions of this section, the cost
or expenses thereof shall be chargeable to and paid by the owners
of such property and may be collected by the County as taxes and levies
are collected.
D.
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 taxes and enforceable in the same manner as provided
in Articles 3 and 4 of Chapter 39 of Title 58.1 of the Code of Virginia.
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.
E.
Notwithstanding the foregoing, with the written consent of the property owner, a locality may, through its agents or employees, demolish or remove a derelict nonresidential building or structure, provided that such building or structure is neither located within nor determined to be a contributing property within a state or local historic district nor individually designated in the Virginia Landmarks Register. The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust or mortgage and, if so, shall document the property owner's best reasonable efforts to obtain the consent of the first lienholder or the first lienholder's authorized agent. The costs of such demolition or removal shall constitute a lien against such property. In the event the consent of the first lienholder or the first lienholder's authorized agent is obtained, such lien shall rank on a parity with liens for unpaid local taxes and be enforceable in the same manner as provided in Subsection D. In the event the consent of the first lienholder or the first lienholder's authorized agent is not obtained, such lien shall be subordinate to that first lien but shall otherwise be subject to Subsection D.
G.
In regard to structures that constitute a menace to the health and
safety of the occupants thereof or the public, such structures are
deemed a public nuisance as set forth in Va. Code § 15.2-900.
Furthermore, if such structures as public nuisances present an imminent
and immediate threat to life or property, the County may abate, raze
or remove such public nuisance and 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 public nuisance. If the owners of such structures can be
identified, the County shall seek a right of entry to abate the public
nuisance. However, if such owner(s) refuse to provide a right of entry
and the Board of Supervisors determines that the threat to the public
health and/or public safety is an immediate risk, the Board may order
the immediate abatement of the structure constituting the public nuisance.
H.
In the event that the some or all of the owners are unknown, the
County may proceed to abate said public nuisance after running a notice
in a paper of general circulation in the County for two successive
weeks. If in the determination of the Board of Supervisors that the
threat to the public health and/or public safety is an immediate risk,
the Board may waive the requirement for publication of the notice
in the newspaper and the County may take immediate action to abate
the structure constituting a public nuisance.
A.
CONVENIENCE CENTER
SPECULATIVELY ACCUMULATED WASTE TIRES
As used in this section, the following terms shall
have the meanings indicated:
A collection point for the temporary storage of waste tires
provided for individuals who choose to transport waste tires generated
on their own premises to an estimated centralized point, rather than
directly to a disposal facility. To be classified as a convenience
center, the collection point shall not receive waste tires from collection
vehicles that have collected waste from more than one real property
owner. A convenience center shall have a system of regularly scheduled
collections and may be covered or uncovered.
Any waste tires that are accumulated before being used, reused,
or reclaimed or in anticipation of potential use, reuse, or reclamation.
Waste tires are not being accumulated speculatively when at least
75% of the waste tires accumulated are being removed from the site
annually.
B.
It shall be unlawful for any person to store, dispose
of, speculatively accumulate or otherwise place more than 100 waste
tires on public or private property, without first having obtained
a permit as required by § 10.1-1408.1 of the Code of Virginia
or in a manner inconsistent with any other local ordinance. No person
shall allow others to store, dispose of, speculatively accumulate
or otherwise place on his property more than 100 waste tires, without
first having obtained a permit as required by § 10.1-1408.1
of the Code of Virginia.
C.
Any person who knowingly violates any provision of
this section shall be guilty of a Class 1 misdemeanor. However, any
person who knowingly violates any provision of this section and such
violation involves 500 or more waste tires shall be guilty of a Class
6 felony.
D.
Salvage yards licensed by the Department of Motor
Vehicles shall be exempt from this section, provided that they are
holding fewer than 300 waste tires and that the waste tires do not
pose a hazard or a nuisance or present threat to human health and
the environment.
E.
As used in this section, the terms "store" and "otherwise
place" shall not be construed as meaning the holding of fewer than
500 tires for bona fide uses related to the growing, harvesting or
processing of agricultural or forest products.
F.
The provisions of this section shall not apply to
the:
(1)
Storage of fewer than 1,500 waste tires in a container
at a convenience center or at a salvage yard licensed by the Department
of Motor Vehicles, as long as the tires are not being speculatively
accumulated; or
(2)
Storage of tires for recycling or for processing to
use in manufacturing a new product, as long as the tires are not being
speculatively accumulated.
G.
The provisions of this section shall not apply to
the storage of tires for recycling or for processing to use in manufacturing
a new product, as long as the tires are not being speculatively accumulated.
H.
Nothing in this section shall limit enforcement of
the prohibitions against littering and the improper disposal of solid
waste contained elsewhere in this chapter.