[HISTORY: Adopted by the Board of Supervisors of the County of Rappahannock 3-5-2014. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 162.
Editor's Note: This ordinance also superseded former Ch. 143, Solid Waste, comprised of Art. I, Trash, adopted 12-5-1988, as amended.
For the purposes of this chapter:
- INOPERABLE VEHICLE
- A vehicle which, for a period of 60 days or longer, has either 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 on which there are displayed neither valid license plates nor a valid inspection decal. The term "inoperable vehicle" does not include a vehicle previously used in agricultural operations that is stored on the owner's land zoned agricultural for the purpose of providing parts, and is not visible from a public road or property owned by another.
- MOTOR VEHICLE
- A device designed and intended for self-propulsion by a motor within or on the device.
- SOLID WASTE
- Includes trash, garbage, refuse, litter, debris, junk, brush, stumps, limbs or any physical object which has been discarded or abandoned, and includes items that may be recycled, but does not include machinery or equipment previously used in agricultural operations that is stored on the owner's land zoned agricultural for the purpose of providing parts, and is not visible from a public road or property owned by another.
- Motor vehicle, trailer or semitrailer.
(Note: See Code of Virginia, § 15.2-901.)
The owners of real property within Rappahannock County shall, within 30 days of having been given notice from the County Administrator to do so, remove from such real property any and all solid waste and other substances which might endanger the health or safety of any other resident of the County.
If all such solid waste and other substances are not removed within the time specified, the Board of Supervisors, by majority vote, may direct removal 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 real property and may be collected by the locality as taxes are collected. Removal by the County shall not relieve the owner of criminal responsibility.
(Note: See Code of Virginia, §§ 15.2-903 and 15.2-904.)
The owners of property zoned for residential, commercial or agricultural purposes shall, within 30 days of having been given notice from the County Administrator to do so, remove therefrom any inoperable vehicles that are not kept within a fully enclosed building or structure. The County Administrator shall give such notice only if the inoperable vehicle(s) is/are on a lot of less than 1/2 acre, or if there are more than one inoperable vehicle on a lot of between 1/2 and up to one acre, or if there are more than two inoperable vehicles on a lot of one acre or more.
If such inoperable vehicles are not removed within the time specified by the County Administrator, the Board of Supervisors, by majority vote, may, through its own agents or employees, remove any such inoperable vehicles, and may dispose of same as scrap or otherwise after giving an additional notice to the owner. Removal by the County shall not relieve the owner of criminal responsibility.
Notwithstanding the other provisions of this section, if the property owner can demonstrate that he is actively restoring or repairing a motor vehicle, and if it is shielded or screened from view, the motor vehicle and one additional inoperative motor vehicle that is shielded or screened from view and being used for the restoration or repair may remain on the property. "Shielded or screened from view" means not visible by someone standing at ground level from outside of the property on which the subject motor vehicle is located.
Every charge, cost or expense incurred by the County in the removal of solid waste or any inoperable vehicles shall be assessed against the owner of the real property from which the solid waste or inoperable vehicles were removed, and if such assessed amount remains unpaid for 30 days after the property owner has been given notice of same, it 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, and shall be placed of record in the Clerk's office of the Circuit Court for this County. 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. (Note: See Code of Virginia, § 15.2-901.) Any amount received by the County on disposal of any vehicles or solid waste shall be first applied against the cost of removal and disposal incurred by the County, then against any other amounts owed to the County, including delinquent taxes, and any balance paid to the owner of the property.
If upon receipt of the notice from the County Administrator provided for in this chapter the property owner provides satisfactory proof to the County Administrator that the solid waste or inoperable vehicles were placed on his or her property without his or her consent, and the property owner gives written permission to the County to remove such solid waste or vehicles and agrees to prosecute any responsible person, then the property owner shall not be subject to criminal prosecution or to having a lien placed on his or her property. However, this provision does not apply to a person who buys real property with solid waste or inoperable vehicles located thereon at time of transfer of title, even though placed there by someone else without permission.
Only solid waste originating as such within the bounds of Rappahannock County shall be disposed of in Rappahannock County. Only persons who either own real property, or reside, within Rappahannock County may dispose of solid waste at a County-operated facility. (Note: See Code of Virginia, § 15.2-928.)
Solid waste shall be disposed of only:
In receptacles, including recycling bins, or places that are provided and designated for such purpose by the County at the Amissville Waste Transfer Station on Weaver Road or at the Flatwoods Waste Transfer Station on Rock Mills Road, these facilities being the waste transfer stations owned and operated by the County, but no prohibited waste is permitted at such facilities except as provided in the next section; or
In receptacles that are provided for such purpose by a private contractor who will dispose of the contents of the receptacle at an approved facility located outside of Rappahannock County. (Note: See Code of Virginia, § 15.2-901A2.)
The following types of waste are declared to be prohibited waste and may not be disposed of in any receptacle, place or facility provided by the County, except as allowed in Subsection C below. Prohibited waste may be deposited in receptacles provided by a private contractor if the receptacle is provided for that specific purpose, and the waste is then transported outside of the County for lawful disposal.
Prohibited waste not permitted under any circumstances: pathological and biological waste, oil sludge, cesspool or other human waste, human and animal remains, large automobile and vehicular parts, trailers, agricultural equipment, marine vessels, or similar items, farm and other large machinery, wire and cable, liquid wastes, explosives (including ammunition and firearms), radioactive materials, hazardous waste, as determined by the Virginia Department of Environmental Quality (Note: See Code of Virginia, § 10.1-1400 et seq.), such as cleaning fluids, flammables, petroleum products (other than used motor oil), cutting oils, paints, acids, caustics, pesticides, insecticides, poisons, drugs, or any other materials that would be likely to cause a transfer station to violate an air or water quality effluent standard or to pose a threat to health or safety or which may cause damage to or adversely affect the operation or permitting of the transfer station, or if any governmental agency or unit having appropriate jurisdiction shall determine that any substance which is not, as of the date of this chapter, considered harmful, or of a toxic nature or dangerous, is in fact harmful, toxic or dangerous, such substance shall thereafter be prohibited, provided certain prohibited waste may be disposed of in receptacles, or at places, provided by the County from time to time for the specific purpose of disposing of such waste.
Prohibited waste allowed with conditions:
Wood, brush and foliage may be disposed of at the place designated at the Amissville Waste Transfer Station, or on the property where they originate. Such materials removed from agricultural or forestal lands may be disposed of on other lands used for agricultural or forestal purposes if both properties are owned by the same person(s). (See Code of Virginia, § 10.1-1408.1I.)
White goods, tires, electronics, paper, batteries, used motor oil, scrap metal and such other items as the County may hereafter designate may be disposed of at the places specifically provided at the waste transfer stations.
Solid waste may be recycled only at the places designated by the County at its waste transfer stations, provided nothing shall prevent solid waste from being transported outside of the County for recycling if in accord with the law of the receiving jurisdiction. The "recycling shed" located at the Flatwoods Waste Transfer Station is for use of County residents and property owners only. It is intended to provide items for their use or for that of their families, relatives and friends. It is not intended to be a source of items for sale to the general public. The County Administrator shall have the authority to ban any person from use of the recycling shed if he believes that he or she is misusing it.
A violation of any provision of this chapter, including the failure to comply with a notice from the County Administrator to remove solid waste or inoperable vehicles from private property, shall be punishable as a Class 1 misdemeanor. (See Code of Virginia, § 18.2-13.) Each day an unlawful act occurs is a separate violation and may be charged and punished as such. Further, upon conviction, a person may, after having been given notice by the County Administrator or the Board of Supervisors, be banned from the use of County solid waste transfer, disposal or recycling facilities, and/or forbidden from coming upon County-owned property where such facilities are located. In the event a person violates this chapter in such a manner as to cause the County to incur costs in remediating the harm caused by the violation, that person shall be liable to the County for all such remediation costs, plus any costs of collection, including reasonable attorney's fees. Such costs may be ordered as restitution in the event there is a criminal conviction.
Any notice required to be given by this chapter shall be deemed to have been given as of the earliest of any of the following which apply:
Nothing in this Chapter 143 (Solid Waste) shall be deemed to conflict with the provisions of Chapter 170 (Zoning) of this Code, and any action taken by the County of Rappahannock or by the Zoning Administrator pursuant to Chapter 170 shall be independent of, and not governed by, this chapter, and any action taken by the County of Rappahannock or by the County Administrator pursuant to this Chapter 143 shall be independent of, and not governed by, Chapter 170.