§ 23-46. Nuisance generally.

(a)

For purposes of this section, the term "city manager" shall mean the city manager or such other employee of the city as may be designated by the city manager to perform the duties described in this section.

(b)

Except as otherwise provided in this Code or other ordinances of the city, it shall be unlawful for any person to cause, create, allow, permit or maintain, upon any land or premises in the city in his possession or under his control, any public nuisance or any condition injurious to the public health or morals or endangering the life or property of others, including, but not limited to, the accumulation of stagnant water or any offensive, unwholesome, unsanitary or unhealthy substances. In addition to the foregoing, any condition of any land or premises which provides cover or harborage for rodents or vermin or breeds flies or mosquitoes, without proper treatment, shall constitute a public nuisance.

(c)

Upon a determination by the city manager, that there exists on any land or premises within the city a public nuisance as set forth in subsection (a) hereof, notice shall be served on the owner of such land or premises or his agent, or on the occupant thereof, or both, to abate or remove such public nuisance from such land or premises within seven (7) days from the date of such notice. Provided, however, in the event the public nuisance involves the release or accumulation of a hazardous substance requiring response by the hazardous materials team of the Virginia Beach Fire Department to undertake measures to contain such substance or abate or otherwise mitigate the effects thereof upon the health or the environment, the notice requirement provided herein shall not apply.

(d)

Service of the notice provided for in subsection (b) shall be by first-class mail, personal delivery or posting in a conspicuous place upon the land or premises; provided, however, that if the land or premises are unoccupied and the owner or his agent cannot be found by the exercise of due diligence or are unknown, such notice shall be sufficient against the owner if given by first-class mail to the owner's last known mailing address and posted in a conspicuous place upon the land or premises. The city manager is authorized to deliver or post such notice.

(e)

A violation of any of the provisions of this section, or failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed in such notice, shall constitute a class 2 misdemeanor. In addition to any penalties imposed hereunder, the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of such public nuisance, in which event the cost and expenses thereof, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be chargeable to and paid by the owner or occupant of the land or premises. Any such charge which is not paid within thirty (30) days of the date or which is billed to the person or persons named in the notice may be collected by an action at law or in any manner provided by law for the collection of taxes.

(Code 1965, § 23-33; Ord. No. 2410, 8-6-96; Ord. No. 2550, 7-6-99; Ord. No. 3015, 5-13-08)

Cross reference— Nuisance animals, § 5-9.

State Law reference— Nuisances generally, Code of Virginia, title 48; authority of city with reference to abatement of nuisances, §§ 15.1-14, 15.1-867.

(Code 1965, § 23-33; Ord. No. 2410, 8-6-96; Ord. No. 2550, 7-6-99; Ord. No. 3015, 5-13-08)

State law reference

Nuisances generally, Code of Virginia, title 48; authority of city with reference to abatement of nuisances, §§ 15.1-14, 15.1-867.

Cross reference

Nuisance animals, § 5-9.