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Abingdon Town Code 
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Chapter 38 HEALTH AND SANITATION
ARTICLE II. CONDITION OF PREMISES*
Sec. 38-27. Weeds and trash declared public nuisance; abatement required.
Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one acre in area natural vegetation growing more than 50 feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with any respect to a parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel.
(Ord. of 7-7-05; Ord. of 9-3-13)
Sec. 38-28. Weeds and trash prohibited; duty of owner to remove weeds and trash.
It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section shall be deemed guilty of a Class 4 misdemeanor and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section.
(Ord. of 7-7-05; Ord. of 9-3-13)
Sec. 38-29. Notice of removal of weeds; preabatement hearing.
(a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the town manager determines that a public nuisance exists with respect to any parcel, the town manager shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as determined by public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within 14 days following the mailing of the notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the town manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least seven days prior to abatement of the public nuisance with respect to that parcel.
(b) The notice shall:
(1) Be in writing;
(2) Set forth the alleged violation of this article;
(3) Describe the parcel of real property where the violations are alleged to exist or to have been committed;
(4) Advise that if the weeds or trash are not removed within prescribed time, and that if the weeds and trash do not remain abated or removed, the town will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel;
(5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the town; and
(6) Advise that within 14 days of the certified mailing of the notice or posting, whichever is applicable, the owner may appeal to the town manager stating in detail the reasons why the proposed action should not be take.
(c) In the event the owner appeals the proposed abatement as provided for above, the town manager shall set a hearing and notify the owner of time and location of a hearing to be held within five says from the date of the town manager's receipt of the appeal. At any hearing, the town manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable.
(d) Any notice sent by the town manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in the year which the notice was sent.
(Ord. of 7-7-05; Ord. of 9-3-13)
Abingdon Town Code View whole ordinance
Chapter 38 HEALTH AND SANITATION
ARTICLE II. CONDITION OF PREMISES*
Sec. 38-30. Abatement of public nuisance.
(a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within 14 days of mailing of notice or of posting, whichever is applicable, or if the owner fails to continue to comply with the requirements of this section, the town manager may direct in writing that town forces abate or complete the abatement of such a public nuisance, or the town manager may contract for his abatement on behalf of the town with a private contractor.
(b) Any owner may abate the public nuisance himself without liability to the town provided he completes the abatement prior to commencement of the abatement by town personnel or any private contractor on behalf of the town.
(Ord. of 7-7-05; Ord. of 9-3-13)
Abingdon Town Code View whole ordinance
Chapter 58 SOLID WASTE
ARTICLE II. STORAGE AND COLLECTION
DIVISION 2. TOWN COLLECTION
Sec. 58-44. - Placement for collection; permitted and excluded contents.
(a) All residential receptacles containing solid waste for collection by the town shall be set out not later than 7:30 a.m. on collection days and shall be placed in such location as may be specified by the town manager so that they can be reached easily and conveniently by the town's employees. No town employee shall enter any building for the removal of solid waste.
(b) All solid waste from premises to which collection services are provided by the town, as well as tree limbs and yard wastes, as described in sections 58-46 and 58-69 respectively, shall be placed at the curb or edge of the street or alley for collection. Recycled materials must be placed in the container provided by the town or its agent and placed at the curb or edge of the street or alley for collection. Any solid waste containers, recycling containers, yard wastes or other solid wastes either required or permitted to be placed at the curb or edge of the street or alley for collection shall be placed so as not to create a nuisance. Empty containers shall be removed from the right of way and returned to their place of storage, behind the building setback line, within a reasonable period of time after collection.
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(Ord. of 8-6-93, ? 14-8)
Sec. 58-46. Trimmings from shrubbery, brush and trees.
(a) Tree limbs less than six inches in diameter and trimmings from shrubbery and brush to be collected by the town or its agents shall be placed in stacks parallel to the street in a manner which will not block the drainage and shall be not greater than ten feet in length.
(b) If that accumulation of such materials is greater than one-half truckload, such materials will be hauled at such time as a vehicle is available in order not to interrupt the regular collection schedule. Lawn trimmings and leaves shall not be placed in the gutter or in any drainage ditch. Materials shall not be of a hazardous nature nor shall any individual item weigh more than 50 pounds.
(Ord. of 8-6-93, ? 14-10)
Abingdon Town Code View whole ordinance
Chapter 62 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE III. SIDEWALKS; CURBS; GUTTERS; DRIVEWAYS
DIVISION 1. GENERALLY
Sec. 62-62. Sidewalks to be kept clear of weeds.
It shall be unlawful for any owner or occupant of premises in the town to allow weeds to accumulate on the sidewalks or borderway of sidewalks or alleys adjacent to such premises.
(Code 1985, ? 16-4)
Cross reference? Vegetation, ch. 78.
State Law reference? Removal of weeds, Code of Virginia, ? 15.1-867.
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-3 Duty of owner to suppress or control.
It shall be the duty of the owner of real property located within the city to suppress or control gypsy moths which have been determined by the city manager or the designee of the manager to pose a danger to trees on public or other private property.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 2)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-4 Notice to owner.
The city manager or the designee of the manager shall give notice in writing to the owner of any real property which has been determined to contain a level of gypsy moth infestation which poses a danger to trees on public or other private property that, within seven (7) days from receipt of the notice, the owner must act to suppress or control the gypsy moths by a method approved by the city and that, if the owner fails to so act, the city will undertake the appropriate suppression or control activities, will bill the owner for the costs of such activities and will, in the event of nonpayment, collect the costs in the same manner as unpaid city taxes. The methods employed by a property owner to suppress or control gypsy moths shall be subject to inspection and approval by the city after implementation by the property owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search or who are nonresidents.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 3)
Sec. 5-11-5 Action by city; billing and collection of charges; unpaid bill a lien.
Whenever an owner of real property who has received a notice under section 5-11-4 refuses, neglects or fails to act to suppress or control the gypsy moths on his/her property, the city may act to suppress or control the gypsy moths. The costs of such city action shall be forthwith computed, and a bill for such costs shall be prepared by the department of finance and mailed to the owner at his/her last known address within a reasonable time after the city has acted. In the event the city does not receive payment of the billed costs within 30 days after mailing the bill, the director of finance shall see that the costs are charged to the owner and collected in the same manner as unpaid city taxes. In addition, all such costs which remain unpaid shall constitute a lien against the owner's property.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 4)
Sec. 5-11-6 City action to control gypsy moths on private property; notice of action.
Notwithstanding any other provision of this chapter, if the city manager or the designee of the manager determines that the level of gypsy moth infestation in an area of the city equals or exceeds the infestation level established by the Virginia Department of Agriculture and Consumer Services for the sharing of costs in gypsy moth suppression programs, the city manager or the designee of the manager may undertake on public and private property within and adjacent to the infested area any of the suppression or control methods in section 5-11-1. At least 10 days prior to undertaking any such methods, the city shall send notice of the city's intended action to all owners and occupants of real property within the area to be treated. Such notice shall specify the suppression or control method to be used, shall state the date or dates on which the method is expected to be applied, and shall be mailed or hand-delivered to the last known post office address of the owners and occupants of such real property.
(Ord. No. 3239, 10/19/87, Sec. 5)
Alexandria County Code View whole ordinance
TITLE 5 Transportation and Environmental Services
CHAPTER 11 Gypsy Moth Control
Sec. 5-11-2 Gypsy moths on private property; public nuisance; entry on private property.
Gypsy moths present on any private property which have reached a level which has been determined by the city manager or the designee of the manager to pose a danger to trees on public or other private property are hereby declared to constitute a public nuisance. To determine whether the level of gypsy moth infestation on any private property has become a danger to trees on public or other private property so as to constitute a public nuisance, the manager or the designee of the manager may enter upon the property to measure the infestation level.
(Ord. No. 2800, 5/14/83, Sec. 1; Ord. No. 3239, 10/19/87, Sec. 1)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE B Regulation of Trees, Shrubs, etc., on Private Property Interfering With or Endangering the Public or Public Property
Sec. 6-2-21 Trees, shrubs, etc., on private property interfering with public or public property?trimming required.
It shall be the duty of any person growing or permitting to be grown any tree, shrub, plant or other vegetation on private property abutting on or near public property to trim or prune such tree, shrub, plant or other vegetation so it does not and is not likely to interfere with, endanger or cause a hazard to any public street or highway or vehicle or person thereon, any public sidewalk or person thereon or any public property or the public.
(Code 1963, Sec. 39-9)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE B Regulation of Trees, Shrubs, etc., on Private Property Interfering With or Endangering the Public or Public Property
Sec. 6-2-24 Dangerous trees, shrubs, etc., declared nuisance; trimming or removal.
Notwithstanding any other provision of this chapter, any tree, shrub, plant or other vegetation or part thereof, located on private property which is an immediate and serious danger to any public street or highway or vehicle or person thereon, any public sidewalk or person thereon or any public property or the traveling public, is hereby declared a public nuisance and may be immediately trimmed or removed by the director when the person in control fails to do so; provided, that the director shall attempt to give the owner, operator, occupant or other person responsible or in control at least four (4) hours' notice.
(Code 1963, Sec. 39-12; Ord. No. 2699, 6/12/82, Sec. 9)
Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE C Removal or Destruction of Trees on Private Property
Sec. 6-2-33 Permission to remove or destroy trees on private property?required.
Except as may otherwise be provided by this chapter, it shall be unlawful for any person to destroy or remove trees on any property covered by this article without first applying for and either obtaining a permit from the arborist or, as a part of the securing of a site plan or subdivision approval, obtaining permission of the planning commission.
(Code 1963, Sec. 39-12.3; Ord. No. 3298, 6/18/88, Sec. 3)
Sec. 6-2-34 Same?issuance; regulations and procedures.
(a) An application to the arborist under section 6-2-23 shall be made on such forms as the arborist shall prescribe and provide. No permit shall be issued to cover more than one parcel of land. A separate permit shall be obtained for each parcel of land on which trees are to be removed or destroyed. No application for a permit shall be considered until the applicant shall first have paid to the city a fee of $10 and this sum shall not be returned to the applicant in the event the arborist revokes or refuses to issue the permit.
(b) In the case of an application to the arborist, no permit shall be issued until the tree or trees sought to be removed have been inspected by the arborist or the authorized agent thereof. The arborist shall refuse to issue a permit if upon inspection it is found that the removal or destruction of the tree or trees for which the permit is sought would violate any provision of this article or would materially:
(1) cause or contribute to soil erosion or flooding;
(2) cause or contribute to a violation of any provision of chapter 5, title 11 of this code;
(3) cause or contribute to the violation of any emission standard promulgated pursuant to the provisions of chapter 1, title 11 of this code; or
(4) have a significant detrimental effect on the aesthetics of the surrounding area.
(c) In the case of an application for site plan approval pursuant to chapter 5, title 5 of this code, the planning commission shall grant permission to destroy or remove any tree which lies within the buildable area, and shall grant such permission as to any tree which lies outside the buildable area if the planning commission deter mines that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code.
(d) In the case of an application for subdivision approval pursuant to chapter 5, title 7 of this code, the planning commission or its subdivision committee, as the case may be, shall grant permission to remove or destroy any tree which lies within such buildable area as may be shown on a preliminary plat filed under section 7-5-23 and shall grant such permission as to any trees which lie outside the buildable area if it is determined that the destruction or removal of the tree is reasonably required to develop the parcel in compliance with this code. In the event no such buildable area is shown on such preliminary plat, permission to remove or destroy trees shall be obtained from the arborist, who may grant permission, pursuant to subsection (b) of this section, to remove or destroy any tree which lies within such buildable area as may be shown on the plat required by section 7-6-212 to be filed subsequent to the application for subdivision approval and who may grant such permission, pursuant to subsection (b) of this section, as to any tree which lies outside the buildable area.
(e) In considering and approving site plans and subdivisions subject to the provisions of this article, the planning commission or subdivision committee, as the case may be, or the city council on appeal, shall give due consideration to the preservation and replacement of trees.
(Code 1963, Sec. 39-12.4; Ord. No. 3298, 6/18/88, Sec. 4)
Arlington County Code View whole ordinance
CHAPTER 10 GARBAGE, REFUSE AND WEEDS
Article I. Residential Refuse and Recycling
Sec. 10-6. Storage, Removal, and Maintenance.
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B. Responsibilities of owners and occupants of dwellings required to participate in the County residential collection system:
1. It shall be the responsibility of the owner, or occupant if different from the owner, of each dwelling receiving County residential collection service, to adhere to the following practices:
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f. At occupant's expense, privately dispose of:
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(4) Trees, tree branches, shrubbery, or other plant material that exceed ten (10) feet in length or eighteen (18) inches in diameter or that are the result of the clearing of multiple trees from a property.
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Arlington County Code View whole ordinance
CHAPTER 10 GARBAGE, REFUSE AND WEEDS
ARTICLE II. CONDITION OF PRIVATE PROPERTY
Sec. 10-13. Duty of Property Owner to Cut Grass, Weeds, Maintain Lawns, Etc.
A. It shall be the duty of each owner of vacant property to cut grass, weeds, and other foreign growth (which may include trees or parts thereof) on such property when such growth on such property creates a health or safety hazard.
B. It shall be the duty of each owner of occupied residential real property to cut the grass or lawn area of less than one-half (1/2) acre on such property within ten (10) days after notice from the County Manager or designee when the growth on such grass or lawn area exceeds twelve (12) inches in height. The County may, if the grass or lawn is not cut, after thirty (30) days' notice, have such grass or lawn area cut by the County's agents or employees and the cost thereof shall be charged to and paid by the owner of such property and may be collected by the County as taxes and levies are collected.
(2-21-81; 4-24-82; Ord. No. 93-18, 9-22-93; Ord. No. 96-7, 5-11-96)
Arlington County Code View whole ordinance
CHAPTER 10 GARBAGE, REFUSE AND WEEDS
ARTICLE II. CONDITION OF PRIVATE PROPERTY
Sec. 10-15. Duty of Each Property Owner or Occupant of Property to Cut Back Obstructing Vegetation.
It shall be the joint and several duty of each owner or occupant of property to cut back or remove trees or parts thereof, hedges, shrubs, vines and other vegetation which encroaches upon any sidewalk, alley, roadway, street or highway and which impairs or obstructs any pedestrian or vehicular traffic. Such growth higher than ten (10) feet above the surface of a walk or roadway need not be removed unless such growth creates a health or safety hazard.
(2-21-81; 4-24-82; Ord. No. 96-7, 5-11-96)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-24. Trees, shrubs, etc., on private property interfering with public or public property--Trimming required.
It shall be the duty of any person growing or permitting to be grown any tree, shrub, plant or other vegetation on the private property abutting on or near public property to trim or prune such tree, shrub, plant or other vegetation so it does not or is not likely to interfere with, endanger or cause a hazard to any public street or highway or vehicle or person thereon, any public sidewalk or person thereon, or any public property or the public.
(3-9-82)
Ashland Town Code View whole ordinance
Chapter 16 STREETS AND SIDEWALKS*
ARTICLE III. Maintenance of Trees
Sec. 16-27. Dangerous trees, shrubs, etc., declared a nuisance; trimming or removal.
Notwithstanding any other provision of this chapter, any tree, shrub, plant or other vegetation or part thereof, located on private property, which is in immediate or serious danger to any public street or highway or any vehicle or person thereof, any public sidewalk or person thereon or any public property of the traveling public, is hereby declared a public nuisance and may be immediately trimmed or removed by the town manager when the person in control fails to do so.
(3-9-82)
State Law References: Authority of town to cause nuisances to be abated or removed, Code of Virginia, ?? 154.1-14, 15.1-867.
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
Article IV. Residential, Restricted District R-1
Sec. 21-38. Landscape plan: landscaping, trees, buffers and screening.
A landscape plan shall be required and landscaping, trees, buffers, and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A2)
Article V. Residential, Limited District R-2
Sec. 21-46. Landscape plan: landscaping, trees, buffers and screening.
A landscape plan shall be required and landscaping, trees, buffers, and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A2)
Article VI. Residential, Medium District R-3
Sec. 21-54. Landscape plan: landscaping, trees, buffers and screening.
A landscape plan shall be required and landscaping, trees, buffers, and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A2)
Article VII. Residential, Medium-High District R-4
Sec. 21-65. Landscape plan: landscaping, trees, buffers, and screening.
A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(11-24-98(3), ? 1; 6-12-01, ? 1; 2-17-04, ? A3)
Article VIII. Residential, Multi-family District R-5
Sec. 21-77. Landscape plan: landscaping, trees, buffers, and screening.
A landscape plan shall be required and landscaping, trees, buffers and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A3)
Article IX. Residential, Office District RO-1
Sec. 21-82.1. Landscape plan: landscaping, trees, buffers and screening.
A landscape plan shall be required and landscaping, trees, buffers, and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A2)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE III. Rural, Residential District RR-1
DIVISION 1. General Provisions*
Sec. 21-30. Landscape plan: landscaping, trees, buffers and screening.
A landscape plan shall be required and landscaping, trees, buffers, and screening shall be provided in accordance with the applicable provisions of article XXIII of this chapter.
(2-17-04, ? A2)
Blacksburg Town Code View whole ordinance
Chapter 21 STREET AND SIDEWALKS
ARTICLE I. IN GENERAL
Section 21-302. Encroachments and projections generally.
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(f) Tree limbs overhanging from private property. It shall be the duty of property owners to maintain trees growing on their property in such a manner that no limbs thereof project over any street at a height of less than fourteen (14) feet, or sidewalk at a height of less than eighty (80) inches.
State Law reference? Authority of town to permit awnings, fire escapes, etc., to overhang streets, Code of Virginia, ? 15.2-2011.
Section 21-305. Obstruction by vegetative material, fences, walls or structures unlawful.
It shall be unlawful for any landowner, tenant, firm or corporation to own or maintain, either on private property or a public street right-of-way, vegetative material, wire, fences, walls or similar structures which create a sight obstruction in violation of section 21-304. Any such obstruction may be removed by the town through the process established in section 21-301.
(Ord. No. 1491, ? 1, 5-13-08)
Charlottesville City Code View whole ordinance
Chapter 18 PARKS AND RECREATION
ARTICLE II. TREE CONSERVATION
Sec. 18-10. Conservation.
(a) A property owner shall undertake reasonable efforts to preserve and protect any trees designated pursuant to this article. No heritage, memorial, specimen or street tree may be removed or intentionally damaged in a way that could destroy the tree unless authorized by city council. City council may authorize the removal or other action upon making a determination that: (i) there is an overriding need for public improvements which necessitate removal of the tree; or (ii) not removing the tree will cause severe hardship to the property owner. A request to remove or take other action upon any designated tree shall be submitted and acted upon in the same manner as a request for designation in section 18-9.
(b) The city manager may permit the removal of a heritage, memorial, specimen or street tree if the city arborist determines that the tree is dead, has become irreversibly diseased or irreversibly damaged by natural causes, or that the tree endangers the health, safety and/or welfare of the public that cannot be mitigated in accordance with accepted industry standards of tree risk assessment and management.
(c) Any city department or contractor engaged by the city shall, prior to conducting any land disturbing activity, ascertain whether the drip line of any tree designated pursuant to this article lies within fifty (50) feet of the land disturbing activity. Upon making such a determination, the city department shall alert the city arborist.
If the city arborist determines that the proposed land disturbing activity may damage or destroy the tree, then the city department responsible for the proposed work, if unable to alter plans to avoid such results, shall submit a request to proceed with the proposed activity to the tree commission, which shall make a recommendation to the city council. City council may direct the city department to take additional precautionary measures to protect the tree, or approve the removal of the tree, or direct that the activity not be conducted.
(11-4-13)
Sec. 18-11. Exceptions.
The provisions of this article shall not apply to:
(1) Work conducted on federal or state property;
(2) Emergency work to protect life, limb or property;
(3) Routine installation, maintenance and repair of cable and wires used to provide cable television, electric, gas or telephone service;
(4) Activities with minor effects on trees, including but not limited to, home gardening and landscaping of individual homes; and
(5) Commercial, silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(11-4-13)
Sec. 18-12. Takings.
In the event that the application of this article regulating the removal of heritage, memorial, specimen or street trees results in any taking of private property for a public purpose or use, the city shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and in accordance with the provisions of Chapter 2 of Title 25.1 of the Code of Virginia.
(11-4-13)
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE III. RESIDENTIAL ZONING DISTRICTS
DIVISION 4. STANDARDS FOR TOWNHOUSES.
Sec. 34-390. Access.
If access to a townhouse development is to be provided by means of a private street or access easement, the following minimum standards shall be observed:
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(5) Trees shall be planted along the frontage of the street/easement, at fifty (50) foot intervals (maximum).
(9-15-03(3))
Charlottesville City Code View whole ordinance
Chapter 5 BUILDING REGULATIONS; PROPERTY MAINTENANCE
Article V. BLIGHTED PROPERTY
DIVISION 1. MISCELLANEOUS
Sec. 5-149. Unlawful growth of weeds and other vegetation.
(a) The following definitions shall apply to these words when used in this section:
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(3) Weeds means any plant, grass, weed, brush or any other vegetation, herbaceous or woody, other than (i) trees, ornamental shrubbery and vegetable and flower gardens purposefully planted and maintained free of weed hazard or nuisance; (ii) cultivated crops; (iii) public recreational areas or trails intended to be left in their natural state; and (iv) vegetation along natural streams or watercourses when necessary to deter erosion.
(b) A person found guilty of a violation of either of the following provisions shall be punished as provided in section 5-1 of this chapter.
(1) It shall be unlawful for the owner of any parcel of real estate to allow weeds to reach a height of eighteen (18) or more inches, where such weeds are located: (i) on any developed lot or parcel in the city, or (ii) on that portion of any undeveloped lot or parcel in the city which is within one hundred fifty (150) feet of any building, street, sidewalk or public right-of-way. All weeds existing in violation of this section are hereby declared to constitute a public nuisance.
(2) It shall be unlawful for the owner of any parcel of real estate to allow thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon, or in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street or sidewalk thereby endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other vegetation existing in violation of this section is hereby declared to constitute a public nuisance.
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(7-16-01(1))
Sec. 5-155. Duty of owner or occupant to cut grass, weeds and other vegetable matter from property line to the public street right-of-way.
(a) It shall be the duty of the owner or occupant of any land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public street right-of-way, including the sidewalk and between the sidewalk and curb, whether paved or not, to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded or offensive by reason of failure to remove any such materials. No grass, weeds or other vegetable matter cut and removed shall be deposited or piled in any gutter, street or stormwater system, but shall be placed in a proper receptacle for collection. The occupant and/or the owner, or if unoccupied, the owner, of land or premises abutting upon a street right-of-way area upon which any grass, weeds or other vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible. Nothing in this section shall be cons1d as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the city.
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(2-17-04(1), ? 1)
Chesapeake City Code View whole ordinance
Chapter 62 SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 62-60. Yard trimmings and grass.
(a) All yard trimmings, grass, etc., must be bundled or containerized to be collected by the city as trash. Containers shall include manual dumped plastic or metal cans and clear plastic bags, not exceeding 35 gallons in size. No more than 30 yard waste bags not exceeding 35 gallons in volume may be collected at any one residence per week. No more than 50 bags not exceeding 35 gallons in volume may be collected at any one residence per week during the months of November and December.
(b) Tree limbs, hedge trimmings and branches shall be bundled in lengths of not more than four feet and placed for collection in the same location as garbage and refuse containers. Each branch shall be cut separately. Limbs or logs shall be not greater than six inches in diameter. Such articles will be collected; however, the maximum limit shall be as specified in subsection 62-58(d) of this chapter.
(Code 1970, ? 21-12; Ord. of 8-9-71; Ord. of 2-24-87; Ord. No. 00-O-023, 2-27-01; Ord. No. 11-O-082, 7-26-11)
Chincoteague Town Code View whole ordinance
Chapter 50. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE III. SIDEWALKS
Sec. 50-56. Duty to keep clean.
(a) It shall be the duty of the occupant or of the owner of any land or premises abutting upon any paved sidewalk in the town to have the sidewalk abutting such property swept and kept clean of all debris, dirt, refuse, grass, weeds, and other forms of overgrowth, including any limbs or other parts of trees or bushes over the sidewalks less than eight feet above the surface of the sidewalks.
(b) If such person occupying or owning such property shall fail, refuse, or neglect to keep the sidewalk as described in subsection (a) of this section, the town shall have the right to enter upon such sidewalk and have such debris, dirt, refuse, grass, weeds, and other forms of overgrowth, including any limbs or other parts of trees or bushes over such sidewalk less than eight feet above the surface of such sidewalk, removed by its agents and employees. The cost thereof shall be chargeable to and paid by the occupant or the owner of such property and shall be collected by the treasurer or such other proper official, as an assessment against the property, in the manner that taxes and levies are collected.
(Code 1977, ? 14-1)
State law reference?Abatement or removal of nuisances, Code of Virginia, ?? 15.2-900,
15.2-1115.
Danville City Code View whole ordinance
Chapter 17 GARBAGE AND REFUSE (SOLID WASTE)
ARTICLE I. IN GENERAL
Sec. 17-37. Preparation, storage and placement of yard waste for collection.
(a) Leaves. From October 1 of each year through the following January, as designated by the Director, loose leaves containing no rocks, glass, sticks, limbs or other solid objects may be placed for collection by the City under this article in piles behind the curb and not to block the sidewalk, nor in the curb flow line, so as to block the flow of water to any storm drain or inlet. From February 1 to September 30, leaves shall be bagged or boxed and placed behind the curb for collection. Bagged or containerized leaves shall not be placed out for collection sooner than the evening prior to the scheduled collection time.
(b) Trees, shrubs and limbs. Trunks, limbs and branches of trees, shrubs and bushes, not exceeding twelve (12) inches in diameter, shall be cut into lengths not exceeding four (4) feet, or into such shorter lengths as may be required to assure that each item does not exceed fifty (50) pounds in weight, and may be placed for collection by the City under this article in loose piles back of the curbline or margin of, but not on or within the street, alley or sidewalk adjacent to the premises; provided, however, that no item shall be collected by the City which exceeds twelve (12) inches in diameter or (50) pounds in weight, and no accumulation or pile of such items shall be collected by the City which exceeds a total of two and one-half (2?) cubic yards in volume. No such yard waste shall be placed out for collection sooner than the evening prior to scheduled collection.
?
(Ord. No. 2007-02.06, 2-20-07)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-31. Abatement of public nuisance.
(a) If a tree which constitutes a public nuisance is located on real property which is not owned by the City, the Director of Public Works, or his designee, shall notify the owner of such tree in writing by first class mail, to the address of the owner shown on the records in the office of the City Real Estate Assessor, citing the tree's condition and the corrective action required to remove the public nuisance. If such owner cannot be identified or found, a copy of such notice shall be placed upon such tree or part thereof. Written notice shall also be given to any tenant leasing such property.
(b) Upon receipt of the written notice described above, the property owner may appeal the order to the City Manager. Such appeal must be made in writing during the fifteen-day interval given in the notice from the Director of Public Works, or his designee. Any actions required in the notice shall be delayed pending the City's Manager's response to the appeal.
(c) If any work required to be done by the Director of Public Works, or his designee, is not accomplished within the time specified, the Director of Public Works shall request the City Attorney to institute a suit for an injunction to compel the responsible party to abate or remove the public nuisance and/or see that such responsible person is prosecuted for violation of section 38.5-30.
(d) If the tree constituting a public nuisance presents an imminent and immediate threat to life or property, then the Director of Public Works is authorized and directed to abate or remove such public nuisance and to request the City Attorney to bring an action against the responsible party to recover the necessary costs incurred including administrative fees as prescribed by the City of Danville Fee Schedule for the provision of emergency services reasonably required to abate any such public nuisance.
(e) The term "responsible party" shall include, but not be limited to, the owner, occupier, or possessor of the premises where the nuisance is located.
(Ord. No. 95-4.16, 4-4-95; Ord. No. 2011-07.14, 7-19-11)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article III. ZONING DISTRICTS AND REGULATIONS
3.8 PLANNED DEVELOPMENT DISTRICTS
3.8.2 General provisions
C. Master development plan
The development proposed in the master development plan shall be in substantial conformance with the comprehensive plan. A master development plan shall be filed by the applicant and approved by the city council as part of the approval of each planned development rezoning. After a master development plan has been submitted by an applicant and approved by the city council, development of the property that is the subject of that plan shall be in substantial conformance with the approved master development plan. In the event the owner of a property that has been approved for a planned development wishes to make any changes to the master development plan for that property, said owner may request that the city council approve an amendment to the master development plan. In the event the owner of a property that has been approved for a planned development wishes to abandon that planned development, said owner may apply for a rezoning to the same or a different zoning district. At a minimum, such required plan shall set forth the following:
2. A plan depicting the proposed development that includes, but is not limited to, the following:
(a) An existing conditions plan, proposed layout plan with applicable dimensions, grading plan, conceptual utilities plan, tree survey, landscaping plan with tree coverage and impervious coverage, architectural elevations showing exterior building materials, site sections showing building heights, and recreation and open space plan;
(b) A tabulation of land
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.5 LANDSCAPING
4.5.1 Purpose
The purposes of 4.5 are to encourage the planting and proper care of vegetation and trees throughout the city, to replenish tree stock, and to provide for appropriate screening. These actions are intended to contribute to the health, safety and welfare of the city by enhancing pedestrian facilities, decreasing flooding, soil erosion, air pollution and noise, and improving aesthetics in accordance with the comprehensive plan and the requirements of the public facilities manual. The transitional yard requirements and the screening requirements are intended to improve compatibility of uses by providing privacy and enhancing the aesthetic transition between uses.
4.5.2 Applicability
A. The landscaping regulations of 4.5 apply as set forth in the individual sections of these regulations.
B. Unless specifically exempt, all existing and proposed development for which site plan approval is required (see 6.8) shall meet the provisions of 4.5.
4.5.3 Exemptions
A. Unless otherwise expressly stated, the landscaping regulations of 4.5 do not apply to the expansion of individual single-family detached, single-family attached or duplexes dwellings.
B. Driving lanes may traverse required landscaping in a perpendicular alignment to provide the necessary ingress and egress to the parking lots.
4.5.4 General
A. What is to be landscaped
All areas that are not impervious (see 1.5.7) shall be landscaped in accordance with the requirements of 4.5.
B. Landscape plan required
A landscape plan shall be submitted in conjunction with required site plans (see 6.8) in accordance with the requirements of 4.5. A landscape architect or other qualified professional shall prepare all landscape plans.
4.5.5 Transitional yards
A. Applicability
The transitional yard regulations of 4.5.5 apply along interior property lines in those instances identified in this chapter and only to the following activities:
1. The construction or installation of any new principal building or use; and
2. The expansion of any existing principal building or principal use that results in an increase in gross floor area or site area improvements by more than five percent or 1,000 square feet, whichever is greater. In the case of expansions that trigger compliance with transitional yard requirements, transitional yard landscaping is required only in proportion to the degree of expansion. The zoning administrator is authorized to allow the transitional yard to be established adjacent to the area of expansion or to disperse transition yard landscaping along the entire site transition area.
B. Transitional yard defined
A transitional yard is a specified land area, located parallel to and within the outer perimeter of a lot or project and extending to the lot line, together with fencing or walls on the lot line, and planting and landscaping required on the land. A transitional yard is not intended to be commensurate with the term "yard" or ?setback.?
C. Transitional yard types
There are three types of required transitional yards that may occur on any given parcel (for the specific width and plant material for each transitional yard classification see 4.5.5.D).
1. District boundary transitional yards
The following table shall be used to determine the required transitional yard classification between adjacent districts.
PROPOSED DEVELOPMENT DISTRICT
RL RM RH RT-6 RT RMF CL CO CR CU CG IL IH
RL -- -- -- -- -- -- -- -- -- -- -- -- --
RM -- -- -- -- -- -- -- -- -- -- -- -- --
RH -- -- -- -- -- -- -- -- -- -- -- -- --
RT TY1 TY1 TY1 -- -- -- -- -- -- -- -- -- --
RMF TY2 TY2 TY2 TY2 TY2 -- -- -- -- -- -- -- --
CL TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CO TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CR TY2 TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- --
CU TY3 TY3 TY3 TY3 TY3 TY2 TY2 TY1 -- -- -- --
CG TY3 TY3 TY3 TY3 TY3 TY3 TY3 TY2 -- -- -- -- --
IL TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY2 TY2 TY1 -- --
IH TY4 TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY3 TY3 TY2 --
2. Project boundary transitional yards
Project boundary transitional yard requirements are established to mitigate the effect of planned developments on adjacent properties. The following shall be used to determine project boundary transitional yard requirements.
(a) No transitional yard is required where the width of the project?s perimeter singlefamily detached residential lots is equal to or greater than the minimum lot width of the adjoining single-family detached development or the minimum lot width required by the respective single-family detached zoning district that applies to any adjoining undeveloped parcel.
(b) Except as provided in paragraph (a) above or unless modified by the city council in the approval of a master development plan, the following boundary transitional yards shall be provided along project boundaries in accordance with 4.5.5.D:
(1) PD-R: TY2 transitional yards
(2) PD-M: TY3 transitional yards
(3) PD-C: TY3 transitional yards
(4) PD-I: TY4 transitional yards
3. Use boundary transitional yards
(a) Where townhouse developments occur adjacent to single-family detached or duplex dwellings, TY1 transitional yards shall be provided in accordance with 4.5.5.D, below.
(b) Where multifamily developments occur adjacent to single-family detached, duplex or townhouse dwellings, TY2 transitional yards shall be provided in accordance with 4.5.5.D, below.
(c) Where commercial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY3 transitional yards shall be provided in accordance with 4.5.5.D, below.
(d) Where industrial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY4 transitional yards shall be provided in accordance with 4.5.5.D, below.
D. Transitional yard classifications
Four transitional yard classifications are established in recognition of the different contexts that may exist. They are as follows:
SPECIFICATIONS TY1 TY2 TY3 TY4
Minimum Transitional Yard Width [1] (feet) 7.5 10 15 30
Minimum Fence or Wall Height (feet) on Lot Line [2] 6 6 6 6
Minimum Trees (per 100 feet)
Canopy NA 3 4 4
Understory 4 3 4 5
Minimum Shrubs (per 100 feet) NA NA 4 5
[1] Yard widths calculated on the basis of average per 100 feet, provided that the yard width at any point may not be less than 50 percent of the minimums stated in the table. Required zoning district setbacks may be counted toward satisfying transitional yard widths.
[2] On or adjacent to the lot line. Additional understory trees or shrubs may be substituted for required fence or wall via alternative compliance (4.5.10).
E. Location of transitional yards
Transitional yards shall be located within the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Transitional yards shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way.
F. Ownership of transitional yards
Transitional yards may remain in the ownership of the original applicant; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as the city, a land conservancy or land trust, or common interest community association (see 4.13). Any such conveyance shall guarantee the protection and maintenance of the transitional yard in accordance with the provisions of 4.5.
G. Landscape materials and design
Landscape materials used to satisfy the transitional yard requirements of 4.5.5 are subject to the regulations of 4.5.9.
4.5.6 Tree requirements
A. Tree canopy
The following 10-year minimum tree canopy requirements shall apply in the respective districts: (figure)
B. Street trees
In all general districts except the RL, RM, RH and CU districts, a minimum ten foot wide landscaped strip shall be provided along all streets. Street trees shall be required along all streets at the rate of one canopy tree for every 40 linear feet and spaced a maximum of 50 feet part.
1. All street trees shall be planted no less than three feet or more than 15 feet from the back of the curb or edge of pavement.
2. No tree shall be planted within a safe sight triangle (4.3.4) or closer than 10 feet from any fire hydrant.
C. Landscape materials and design
Landscape material used to satisfy the tree requirements of 4.5.6 are subject to the regulations of 4.5.9.
4.5.7 Parking lot landscaping
A. Applicability
1. 4.5.7 applies to:
(a) New on-site surface parking lots with more than 10 spaces; and
(b) The expansion of any existing surface parking lot if the expansion results in 10 or more new parking spaces, in which case the requirements of 4.5.7 apply only to the expanded area.
2. For purposes of 4.5.7, multiple platted lots contained on a single site plan and any separate parking lots connected with drive aisles are considered a single parking lot.
B. Low impact development (LID)
Low impact development (LID) techniques that capitalize on and are consistent with natural resources and processes will be incorporated in parking lot landscaping whenever practicable, including but not limited to:
1. Rain catchment and harvesting for on-site irrigation purposes; and
2. Rain gardens (shallow depressions or swales) that slow storm runoff and reduce the impact of what is found in stormwater as it enters storm drainage control systems.
C. Perimeter
1. The perimeter of all parking lots with frontage on any portion of a public right-of way shall be screened by a continuous landscaped hedge, a wall, or fence supported by masonry piers. Perimeter screening shall be at least 30 inches in height at the time of installation, and any planted screening shall reach a minimum height of 36 inches within two years of planting.
2. The perimeter of all parking lots adjacent to residentially zoned property shall provide a transitional yard TY3 (See 4.5.5).
D. Interior
1. Interior islands
An interior landscaped island shall be provided for every ten spaces. Each island shall contain a minimum of 200 square feet with a minimum width of eight feet inside the curb and include a minimum of one canopy tree; provided that, where an island includes a sidewalk, such islands shall contain a minimum of 400 square feet with a minimum of 15 feet inside the curb. Planting islands shall be evenly distributed throughout the parking lot; with no parking space located more than 50 feet from a planting island. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator.
2. Terminal islands
All rows of spaces shall terminate in a curbed landscaped island. Each island shall conform to the specifications described in 4.5.7.D.1, above.
3. Median islands
A median island with a minimum width of eight feet inside the curb shall be sited between every six single parking rows. Median intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator.
E. Parking structures
1. General
Parking lot interior landscaping requirements shall not apply to parking structures.
2. Perimeter landscaping
Structured parking above finished grade shall comply with building setback requirements. Landscaping for parking structures shall be provided in all yards pursuant to perimeter landscaping requirements for surface parking. However, where the location of such structure with respect to property boundary and adjacent structures will substantially inhibit the growth of the required trees, such trees may be located along another perimeter of the site in a manner approved by the zoning administrator.
F. Curbs and vehicle barriers
Landscaped areas in or abutting parking lots must be protected by concrete curbing, anchored wheel stops, or other durable barriers approved by the zoning administrator. Curbs protecting landscaped areas may be perforated, have gaps, or otherwise be designed to allow stormwater runoff to pass through them.
G. Landscape materials and design
Landscape material used to satisfy the parking lot landscaping requirements of 4.5.7 are subject to the regulations of 4.5.9.
4.5.8 Screening
A. Features to be screened
The following features must be screened from view of public rights-of-way, public open spaces and from lots used or zoned for residential purposes, as specified in 4.5.8.
1. Drive-through windows/facilities, subject to 4.5.8.B;
2. Ground-mounted mechanical equipment, subject to 4.5.8.C;
3. Outdoor storage of materials, supplies, vehicles and equipment, subject to 4.5.8.D;
4. Pick-up and drop-off containers and facilities, subject to 4.5.8.E;
5. Roof-mounted mechanical equipment, subject to 4.5.8.F; and
6. Trash receptacles and service areas, subject to 4.5.8.G.
B. Drive-through windows/facilities
Drive-through windows/facilities and lanes shall be subject to the following screening requirements:
1. Drive-through windows/facilities and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way.
2. Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least 36 inches in height and shall reach a height of 48 inches within two years of planting.
C. Ground-mounted mechanical equipment
All ground-mounted mechanical equipment over 30 inches in height must be screened from view by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment.
D. Outdoor storage of materials, supplies, vehicles and equipment
1. On nonresidential lots, all stored materials, supplies, merchandise, vehicles, commercial vehicles, boats (or similar), trailers, recreational vehicles, equipment, or other similar materials that are not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by landscaping or solid fencing or wall, with a minimum height of six feet at the time of installation. (See also 4.10)
2. On residential lots, all stored materials, supplies, equipment, or other similar materials, including any vehicles, trailers, commercial vehicles, boats (or similar), recreational vehicles, or similar vehicles kept on an unsurfaced area, shall be located in the side or rear yard, screened from the view from the street and first story of any neighboring dwelling to the extent possible by landscaping or solid fencing or wall, and the total area for such outdoor storage shall not occupy more than 25 percent of the side and rear yards combined.
3. On residential lots, one commercial vehicle of a weight less than 9,000 pounds, one commercial trailer, or one noncommercial vehicle of a weight more than 9,000 pounds but less than 15,000 pounds may be kept in accordance with the provisions of City Code, Section 98-147(c). Screening shall not be required provided the vehicle or trailer is kept on a surfaced area.
4. On residential lots, boats (or similar) on trailers and noncommercial trailers may be kept without screening, provided the trailer is kept on a surfaced area.
5. On residential lots, screening shall not be required for firewood, outdoor furniture, portable grills, or similar items accessory to the residential use or for storage of materials and equipment related to a construction project for which a valid building permit is in effect and where the materials and equipment are maintained in an orderly condition and do not constitute a hazard.
E. Pick-up and drop-off containers and facilities
Pick-up and drop-off containers and facilities shall be screened from the first story window(s) of any neighboring dwellings by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment.
F. Roof-mounted mechanical equipment
1. Roof-mounted mechanical equipment (e.g., air conditioning, heating, cooling, ventilation, exhaust and similar equipment, but not elevator shafts, solar panels, wind energy or similar renewable energy devices) over 30 inches in height must be screened from ground-level view at the property line in one of the following ways:
(a) A parapet wall;
(b) A solid screen, which shall be an integral part of the building?s architectural design; or
(c) An equipment setback from roof edges that is at least three feet in depth for each one foot of equipment height.
2. Fire safety access shall be provided.
G. Trash receptacles and service areas
1. Trash receptacles and service areas (e.g., recycling containers, grease barrels, medical waste bins) must be screened from view of streets and all abutting lots with a solid wall or opaque fence, with doors or gates, at least six feet in height.
2. Trash receptacles and service areas may be located in parking lot but shall not reduce applicable parking requirements.
3. Trash receptacles and service areas may not be located in the required front or side (street) yard.
H. Landscape materials and design
Landscape material used to satisfy the screening requirements of 4.5.8 are subject to the regulations of 4.5.9.
4.5.9 Landscape material and design
A. Landscaping within required landscaped areas
Required landscaped areas must be covered with biodegradable mulch and/or ground cover plants.
B. Plant types
There are three plant types referred to in this section, and all shall require the use of locallyadapted plants. They include canopy trees, understory trees and shrubs, defined as follows:
1. Canopy trees
Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater, with a mature height of 20 feet or greater.
2. Understory trees
(a) Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet, except under overhead utilities, where lower heights at maturity may be required; or
(b) Trees or large shrubs at least 10 feet tall at maturity that usually have green foliage throughout all seasons of the year.
3. Shrubs
Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than 10 feet. Evergreen shrubs usually have green foliage throughout all seasons of the year.
C. Required fencing and walls
Fencing and walls used for required screening and in transitional yards shall:
1. Be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood, or composite wood-like material complementary to the principal structure; Chain-link fences and barbed wire or concertina wire shall not be utilized for screening purposes;
2. Breaks in the fence or wall may be provided for pedestrian connections to adjacent properties; and
3. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet; visual relief shall be provided at intervals not exceeding 100 feet through the use of masonry columns at reasonable intervals.
D. Existing trees and vegetation
Existing non-invasive trees and shrubs count toward satisfying the landscaping regulations of 4.5 if they are located within the subject area and they comply with the plant height and size requirements of 4.5.9.
1. Tree management plan
A tree management plan shall be required prior to the removal or destruction of existing trees that are at least five inches in diameter measured at breast height (DBH), including the following information, except as deemed necessary by the zoning administrator:
(a) The location, size, condition and species of all trees which are at least five inches in diameter to be preserved or removed;
(b) The location, size and species of all trees to be preserved or removed;
(c) Specifications for the removal of trees and protection of trees during construction;
(d) Proposed grade changes or other potentially injurious work adjacent to trees designated for preservation with specifications for maintaining ground drainage and aeration around such trees;
(e) The location, size and species of all trees to be planted; and
(f) Such other information that the zoning administrator deems essential.
2. Tree protection during construction
(a) Existing trees specified on the landscape plan to remain on the site shall be protected from vehicular movement and material storage over their root spaces during construction. An undisturbed area with a porous surface shall be reserved around a tree, based on the drip line or as specified by an arborist or landscape architect.
(b) A temporary tree protection fence shall be installed along the drip line.
3. Tree removal
(a) Diseased trees or trees weakened by age, storm, fire or other injury may be removed in accordance with this 4.5.9.D.3. Trees that are damaging or can be reasonably expected to damage buildings, streets, sidewalks or other infrastructure may be removed, subject to verification of site conditions by the zoning administrator. All other tree removal should be based on a consideration of the following:
(1) The effect of the proposed tree removal upon the stabilization of soil, lakes, ponds, streams and rivers;
(2) The intended use of the property and feasible alternatives which would preserve existing trees;
(3) The existing topography, proposed changes in the topography and proposed landscaping;
(4) The hardship imposed or the reasonable use denied to the applicant as a result of permit denial;
(5) Historical value of the trees;
(6) Good horticultural and forestry practices;
(7) The effect of the proposed tree removal on the deadening and absorption of sound;
(8) The likelihood that the proposed action will adversely affect the control of flooding or soil erosion;
(9) The impact of such action on surrounding property or persons; and
(10) The consistency of the proposed action with the purpose of 4.5.1.
(b) Trees that are approved by the zoning administrator for removal shall be replaced with new trees or large shrubs on the same property and in the same general location.
4.5.10 Alternative compliance
In order to encourage creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the zoning administrator is authorized to approve alternative compliance landscape plans subject to the following findings:
A. The approved administrative alternate meets the intent of the landscaping regulations;
B. The approved administrative alternate complies with the comprehensive plan and adopted city plans; and
C. The approved administrative alternate is considered equal to or better than the standard.
(10-1-16)
Fairfax City City Code View whole ordinance
Chapter 86. SUBDIVISION ORDINANCE
Article 2. DESIGN AND IMPROVEMENTS
2.3 Pedestrian Facilities
2.3.4 Sidewalks
B. Placement
1. Where sidewalks are required, sidewalks shall be provided according to one of the following placement alternatives as determined by the zoning administrator:
(a) Sidewalks shall be placed against the back of curb (urban street frontage); or
(b) Sidewalks shall be placed such that a minimum strip of green space (3 to 5 feet wide) is maintained between the back of curb and the inside edge of the sidewalk and have a minimum paved width of five feet for this placement (sub-urban street frontage); a minimum of three feet of green space shall be maintained adjacent to all tree pits.
(10-1-16)
Falls Church City Code View whole ordinance
Chapter 33 PROPERTY MAINTENANCE CODE
ARTICLE II. IN GENERAL
Sec. 33-2. - Tall grass and weeds, brush.
(a) All exterior property and premises shall be maintained free from weeds, brush or tall grass in excess of 12 inches. Weeds shall not include cultivated flowers, vegetable and ornamental gardens, trees or shrubs or planned and cultivated habitats for which trimming and mowing is not practical.
(b) Noncompliance. In addition to the process and penalties found in sections 33-9 and 33-10, and after proper notice has been given, the City of Falls Church may cause the tall grass, weeds or brush to be removed by city staff or by a licensed contractor, in which case the cost and penalties, if any, shall be collected by the city treasurer's office pursuant to the procedures of that office.
(Ord. No. 1872, 3-12-2012)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 1. GENERALLY
Sec. 44-22. Removal or treatment of trees or shrubbery on private grounds.
(a) The arborist, except in the event of an emergency, shall, in carrying out the duties of the arborist outlined in subsections (b), (c) and (d) of this section, contact the property owner by writing the last known address of such owner, describing the conditions and stating the control necessary for correction and establishing a reasonable time within which the required steps shall be taken on a voluntary basis.
(b) The arborist, under the grant of power to municipalities in the state code, may cause or order to be removed any tree or part thereof on private ground which is in unsafe condition, or which by reason of its nature is injurious to sewer or other public improvements, or is affected with any injurious fungus, insect or other pest.
(c) The arborist shall also have power to:
(1) Enter upon any private grounds in the city and to spray or otherwise treat or cause or order to be sprayed or otherwise treated any tree or shrub infected or infested by any parasite, insect or pest, when it shall be necessary in the opinion of the arborist to do so;
(2) To prevent the breeding or scattering of any parasite; and
(3) To prevent danger to person or property or to trees and shrubs planted in the public streets or other public places.
(d) Whenever in the opinion of the arborist, trimming, pruning, removal or treatment of any such tree or shrub located on private grounds shall be deemed prudent and necessary and consistent with the standards of the International Society of Arboriculture as outlined in the American National Standards Institute A3000 and Z133.1 Standards, the arborist shall have the power to trim, treat or remove any such tree or shrub, or cause or order the same to be done.
(e) If the required steps are not taken within the specified time, the arborist shall cause or order the same to be done and shall assess the cost to the owner of the property.
(Code 1982, ? 35-3; Ord. No. 811; Ord. No. 1659, 10-25-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 7. SITE PLANS
Sec. 48-1147. Owner's associations.
In the instance where development involves condominiums and cooperatives or other similar forms of ownership, either through conversion of an existing structure or through new construction, provision shall be made for the preservation and continuity of all common areas as follows:
(1) Adequate measures as certified in form and content by the city attorney must be provided, through deed restrictions or other legally binding arrangements; that ownership of the common area shall be vested in an association of all of the owners; that it shall remain as common areas in perpetuity, with suitable restrictions upon its use; and that the necessary funds shall continue to be provided by the owners in perpetuity to cover suitable maintenance of the lawns, trees, shrubs, pools, parking area, roads and lighting and for the collection of garbage and other trash.
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(Code 1973, ? 81-56; Code 1982, ? 38-29(n); Ord. No. 595; Ord. No. 640; Ord. No. 704; Ord. No. 881; Ord. No. 1042, 3-28-1983; Ord. No. 1058, 8-8-1983; Ord. No. 1072, 5-29-1984; Ord. No. 1118, 9-9-1985; Ord. No. 1237, 9-12-1988; Ord. No. 1263, 5-22-1989; Ord. No. 1277, ? 5, 10-10-1989; Ord. No. 1332, 11-12-1990; Ord. No. 1335, 11-12-1990; Ord. No. 1636, 3-8-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 8. LANDSCAPING
Sec. 48-1180. Tree canopy coverage required for single-family residential development.
(a) It is the intent of this section to regulate existing and replacement trees and/or shrubs to provide tree canopy coverage on developing and/or redeveloping residential lots zoned R1-A, low density residential and R1-B, medium density residential.
(b) Trees designated by the city as historic, specimen, street, park, memorial and other public trees shall be regulated pursuant to chapter 44, article II, pertaining to trees and shrubs.
(c) All developments, redevelopments, and/or land disturbing activities that are located in R1-A and R1-B zones that will disturb greater than or equal to 2,500 square feet of land shall provide for the preservation and/or planting of trees on the lot to the extent that, at a maturity of ten years, the minimum lot coverage of the tree canopy shall be 20 percent.
(d) Tree canopy coverage includes all areas within a lot's property lines beneath the dripline of vegetation. Calculation of the tree canopy coverage shall be the sum total of the existing vegetation and replacement vegetation.
(1) Preserved tree canopy coverage vegetation shall include the dripline beneath trees that measure no less than two inches in diameter at breast height (DBH) six inches above ground level and shrubs that measure no less than five feet in height.
(2) Replacement tree canopy coverage shall be as calculated by the most recent standards for tree canopy coverage by the Virginia Nursery and Landscape Association. Vegetation that is not included in this list may be substituted for vegetation of similar growth rate, type and form.
(e) Existing vegetation that shall be credited towards the required tree canopy coverage includes:
(1) Existing or relocated trees and/or shrubs that have been preserved in accordance with a landscape conservation plan, pursuant to article IV, division 16 of this chapter, pertaining to Chesapeake Bay preservation area overlay district.
(2) Canopy coverage from existing trees and/or shrubs shall be multiplied by 1.25 to determine the total tree canopy from preserved trees and shrubs. This is to encourage the preservation of existing vegetation and to recognize the additional environmental benefits that mature trees provide.
(f) Existing vegetation that shall not be credited towards the required tree canopy coverage include:
(1) Trees with a rating of fair to poor and with a life expectancy less than ten years, as calculated by the city arborist using the most recent edition of the Guide for Plant Appraisal, published by the International Society of Arboriculture.
(2) Undesirable and/or invasive vegetation, as published by the Virginia Department of Conservation and Recreation (DCR) and the Virginia Native Plant Society (VNPS).
(g) Replacement vegetation is required on lots that do not meet the minimum tree canopy coverage requirements either through the preservation of existing vegetation or due to the absence of tree canopy coverage present at the time of development or redevelopment.
(1) Replacement vegetation should be chosen from the Recommended List of Trees and Shrubs to Plant in the City of Falls Church.
(2) Substitute vegetation may be considered, provided it does not negatively impact native plant communities, cause damage to nearby structures and infrastructure, or possess inherent physiological traits that cause such trees to structurally fail.
(3) Size, planting and installation specifications of the required replacement vegetation shall be pursuant to this section.
(h) In addition to the quantity of the replacement vegetation, its quality shall be encouraged through providing tree canopy coverage credit. Credit shall be given for the following types of vegetation that are selected and planted on the lot so that it improves the overall health and condition of the urban tree canopy and provides for additional environmental benefits.
(1) A best management practice (BMP) credit of 25 percent of the tree canopy of the individual tree shall be given for those trees that are used in rain gardens, bio-retention areas or other vegetative best management practices.
(2) An energy conservation credit of 25 percent of the tree canopy of the individual tree shall be given for those types of trees that are an approved species for energy conservation. Trees shall be located 20 to 35 feet from the edge of a building and shade its western, southwestern or northern exposure from 2:30 p.m. to 7:30 p.m. from May through September.
(3) A species diversity credit of an additional ten percent shall be given for the use of not more than 20 percent of the trees to be of the same species.
(4) A utility line compatibility credit of the average of the listed shade trees shall be given for trees that are an approved species that do not conflict with overhead utility lines. This credit applies when site constraints do not allow for the planting of shade trees elsewhere on the lot.
(i) Installation and bonding requirements of replacement vegetation shall be regulated pursuant to article V, division 7 of this chapter, pertaining to site plans.
(j) Where areas to be preserved (as designated on an approved landscape conservation plan) are encroached upon, the city arborist may require the replacement of any vegetation damaged or destroyed. The size, species and quantity of these replacements shall be determined by the city arborist based on the value of the vegetation removed as calculated by the latest formula published by the International Society of Arboriculture.
(k) Modifications to the tree canopy coverage requirement in this section may be permitted when in the professional opinion of the city arborist, a lot's unique physical constraints will not allow for the planting of the replacement vegetation. Only in these cases, the city arborist may allow a cash contribution to the tree canopy coverage fund or off-site mitigation fund whereby a portion of a lot's tree canopy coverage requirements may be met from off-site mitigation planting or replanting at locations at the direction of the city arborist.
(l) The tree canopy coverage fund or off-site mitigation fund shall be established for the deposit of cash contributions and mitigation fees, when necessary, and administered by the city arborist. This fund shall be utilized to plant trees on public and/or private properties within the city boundaries.
(1) Cash contribution shall be based upon the replacement cost of the vegetation. The replacement cost shall be the sum total of all costs to purchase, transport, plant and guarantee the tree for one year from the date of planting.
(2) Requests for tree plantings on private property shall be prioritized based on the lot's location in the sub watershed, existing tree canopy coverage and other site conditions that would improve the urban tree canopy. The commitment of the homeowner to provide longterm care for the planting shall be required.
(3) Tree plantings shall be contracted out yearly and documentation provided to the tree commission and/or other interested parties as to the fund's administration, and the locations and types of trees planted.
(Code 1982, ? 38-30(b); Ord. No. 1766, 9-13-2004)
Farmville Town Code View whole ordinance
Chapter 17 NUISANCES
ARTICLE V. WEED CONTROL
Sec. 17-22. Definition.
The word "weeds" as used in this chapter shall be held to include grass, weeds, bushes and any other vegetation other than trees, ornamental shrubbery, flowers and garden vegetables properly tended.
(Ord. No. 161, 3-13-2013)
Sec. 17-23. Weeds on any property?public nuisance.
Weeds on any property located within the town that are in excess of ten (10) inches in height are found to be a danger to the public health and are hereby declared to constitute a public nuisance.
(Ord. No. 161, 3-13-2013)
Sec. 17-24. Same?Duty of owner to cut.
The owners of property located within the town shall cut the weeds that are in excess of ten (10) inches in height on such property. The owners of property shall also cut weeds in excess of ten (10) inches along public sidewalks, curb lines, streets, alleys, and within tree wells. At no time shall weeds or grass exceed ten (10) inches.
(Ord. No. 161, 3-13-2013)
Sec. 17-25. Same?Notice to owner to cut.
The town manager or his duly authorized agent may give notice in writing, via first class mail, to the owner of land in the town upon which there are weeds in excess of ten (10) inches in height that such weeds must be cut within ten (10) days from the receipt of the notice or the town will cut the weeds, bill the owner for the costs and collect the costs like taxes in the event of nonpayment by the owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot be found after a reasonably diligent search or who are nonresidents.
(Ord. No. 161, 3-13-2013)
Sec. 17-26. Same?Cutting by town; billing and collection of charges; unpaid bill a lien.
Whenever the owner of real property refuses, neglects, or fails to cut weeds after being notified in the manner prescribed by section 17-25 above, the weeds may be cut by the town. The expense thereof shall be forthwith computed, and a bill for such expense shall be prepared by the town treasurer and mailed to the owner at his last known post office address within a reasonable time after the cutting. In the event the town does not receive payment of the bill within thirty (30) days after mailing, the treasurer shall proceed to collect the expense and may do so in the same manner as town taxes are collected. In addition, an administrative fee of fifty dollars ($50.00) is hereby ordained to be assessed against the owner. Every expense with which the owner of any real property shall have been assessed and which remains unpaid shall constitute a lien against the owner's property, ranking on a parity with liens for unpaid local taxes, and are enforceable in the same manner.
(Ord. No. 161, 3-13-2013)
Sec. 17-27. Same?Failure to cut weeds after receipt of notice.
An owner of real property who has received written notice in the manner prescribed by section 17-25 of this article that weeds on the owner's property, or along public sidewalks, curb lines, streets, alleys, and within tree wells, are in excess of ten (10) inches shall cut all such weeds within the time period set out in the notice, and the failure to do so shall constitute a violation of this section. Said violation shall be a civil violation which shall be enforced through the levying of a civil penalty. The penalty for the first violation occurring in any six-month period shall be one hundred dollars ($100.00), for a second violation occurring in any six-month period the penalty shall be two hundred fifty dollars ($250.00), and for each additional violation occurring in any six-month period the penalty shall be five hundred dollars ($500.00).
(Ord. No. 161, 3-13-2013)
Sec. 17-28. Exemptions.
The requirement of section 17-24 to cut all weeds shall not apply to any property which meets the following conditions:
(1) The parcel is vacant, greater than five (5) acres in size, and is located in a residential zoning district.
(2) The parcel is open space (or equivalent) designated as much as a zoning proffer on a subdivision plat, or as a conservation easement; the parcel is not used for active recreation; and the designation contemplates that the area is set aside to remain in a natural state.
(3) The parcel is public area set aside by the town to remain in a natural state on a temporary or permanent basis.
(4) The parcel is free from the accumulation of trash.
(5) The owner or occupant mows a buffer swath at the perimeter of the property, ten (10) feet in width where the property adjoins public or private property in residential, civic, commercial, office, or industrial use; and five (5) feet in width where the property line adjoins a public right-of-way. The vegetation in this buffer area shall not exceed ten (10) inches in height.
(Ord. No. 161, 3-13-2013)
Farmville Town Code View whole ordinance
Chapter 22 SOLID WASTE AND WEEDS
ARTICLE III. CONDITION OF PREMISES
Sec. 22-46. Weeds, brush, etc., on property.
It shall be unlawful for any person to have, keep, maintain, cause or permit upon any land or premises any grass, weeds, brush or other vegetable matter detrimental to the health, comfort or general welfare of the inhabitants of the town.
(Code 1973, ? 13-15)
Sec. 22-47. Weeds, etc., encroaching on sidewalks.
It shall be unlawful for any person to permit any weeds, thistles, brushes or plants to overhang or encroach upon any sidewalk adjoining his property.
(Code 1973, ? 13-16)
Cross reference? Streets and sidewalks, Ch. 23.
Sec. 22-48. Cutting grass, weeds.
The owners of vacant developed or undeveloped property therein shall cut the grass, weeds and other foreign growth on such property or any part thereof at such time or times as the council shall prescribe; or may, whenever the council deems it necessary, after reasonable notice, have such grass, weeds or other foreign growth cut by its agents or employees, in which event, the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the town as taxes and levies are collected.
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-13. Private trees.
The town manager in collaboration with the town horticulturist and the director of public works, is allowed to enter private land whereon there is located a tree, shrub, plant, or any part thereof is suspected to be a public health threat or nuisance to public property and to order its removal if necessary.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 6 BUILDINGS
ARTICLE I. GENERAL
Sec. 6-3. Moving of buildings.
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(e) The town manager, as a condition precedent to the issuance of such permit, shall require a bond to be executed by the person desiring such permit, with corporate surety to his satisfaction. Such bond shall be made payable to the town and for such amount as he prescribes, but in no event to be less than two thousand dollars ($2,000.00). It shall indemnify the town against any and all damage caused by the moving of such building to streets, curbs, sidewalks, shade trees, highways and any other property which may be affected by the moving of a building. Such surety bond shall also be conditioned upon and liable for strict compliance with the terms of such permit, as to route to be taken and limit of time in which to effect such removal and to repair or compensate for the repair and to pay the town as liquated damages an amount not exceeding fifty dollars ($50.00) to be prescribed by the town manager for each and every day's delay in completing such removal or in repairing any damage to property or public improvement or in clearing all public streets, alleys or highways of any debris occasioned thereby.
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(Ord. No. 79, 12-10-2003)
Cross reference? Moving vehicles and traffic, Ch. 15.
Franklin City Code View whole ordinance
Chapter 29 VEGETATION
Article II. Grass, Weeds and Other Foreign Growth
Sec. 29-50. Public nuisance; maximum height.
Grass, weeds or other foreign growth exceeding 12 inches in height on property located in the City, (except for such on banks of continuously flowing streams, on natural slopes of a vertical angle of 30? or greater and on natural and undisturbed wooded areas), shall constitute a public nuisance endangering the health and safety of City residents. It shall be the duty of every owner and every occupant of any such parcel of land in the City to provide for the cutting of grass, weeds and other foreign growth on such property so that such grass, weeds or growth does not exceed 12 inches in height. A violation of this duty shall be unlawful and shall constitute a Class 4 misdemeanor.
[Code 1962, ? 15-12; amended by Ord. of 5-28-1997(8)]
Sec. 29-51. Notice to cut and remove.
(a) When any condition exists on any lot or parcel of land in the City in violation of ? 29-50, it shall be the duty of the City Manager or his or her designee to serve or cause to be served upon the owner(s) and or occupant(s) notice requiring the owner(s) or occupant(s) to cut and remove the grass, weeds or other foreign growth within seven days after service upon the owner(s) or occupant(s) of such notice.
(b) Any notice required by Subsection (a) above shall be conclusively deemed to have been served two days after having been mailed by certified or registered mail to the current owner(s) at the address shown on the records of the commissioner of revenue of the City or to the current occupant(s) at the address shown on the records of the City's electric billing department. In the event that the address of the owner is unknown, then service of the notice shall be made by posting of the notice on the land or premises on which the violation exists.
[Code 1962, ?? 15-13, 15-14; amended by Ord. of 9-23-1996(2); Ord. of 5-28-1997(8); Ord. of 1-28-2002(1)]
Sec. 29-52. Cutting and removal by City.
If any owner neglects, fails or refuses to comply with a notice served upon him pursuant to ? 29-51, the City Manager or his or her designee may cut, destroy or remove the grass, weeds or other foreign growth referred to in such notice on a continuous basis through the balance of the growing season in the calendar year of such notice in order to keep such vegetation at or below the maximum height permitted by ? 29-50. The charge, cost and expense of such work plus an administrative fee of $75 per cutting is declared to be a charge, cost or expense of the property, lot, place or area where such grass, weeds or other foreign growth is cut, destroyed or removed, and the City Manager or his or her designee shall demand of any owner of such property the payment of such charge, cost, expense and fee. If such charge, cost, expense and fee is not paid within 10 days after such demand is made, the amount due, with 10% interest, shall be collected and shall be enforceable in the same manner as fixed by law for the collection of taxes, shall be subject to the same penalties for delinquency, costs and fees and shall constitute a lien on such property.
[Code 1962, ? 15-15; amended by Ord. of 9-23-1996(2); Ord. of 5-28-1997(8); Ord. of 1-28-2002(1)]
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.8. Maintenance.
The owner of a lot on which any required landscaping has been installed shall be responsible for the maintenance of all landscape areas not in the public right-of-way, and for continuing compliance with applicable landscaping requirements. Required landscaping shall be maintained in accordance with the approved landscape plan or alternative landscape plan for a development and shall present a healthy and orderly appearance free from refuse and debris. All trees and plantings shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed.
A. Damage due to natural occurrence. In the event that any required landscaping, including any physical element thereof (such as fencing or berms) is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the required landscaping shall be replanted and replaced to the extent necessary to return the property to compliance with the approved landscape plan or alternative landscape plan. The owner shall have one growing season to comply. The Zoning Administrator shall consider the type and location of the required landscaping as well as the propensity for natural revegetation in making a determination on the extent of replanting requirements.
B. Protection during operations. Trees and other plantings that are the subject of an approved landscape plan or alternative landscape plan shall be protected from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.
C. Maintain shape. All required trees (whether canopy or understory) shown on an approved landscape plan or alternative landscape plan shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to crape myrtles) that have been severely pruned, sheared, topped, shaped as shrubs, such that they no longer serve the intended buffering or screening function, shall be considered as damaged vegetation in need of replacement in accordance with ? 72-55.8A, Damage due to natural occurrence, and shall be replaced within one growing season.
D. Natural death. The natural death of existing trees and plantings within a required landscape will not trigger a requirement for replanting or replacement unless the loss of such trees and plantings results in a required landscape area that no longer complies with the requirements of this ? 72-55.
Hampton City Code View whole ordinance
Chapter 22 NOISE
Sec. 22-9. Prohibited noises enumerated.
It shall be unlawful for any person to cause or permit to be caused any of the following prohibited sounds or noises:
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(8) Lawn care activities. Creating any sound or noise plainly audible in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal or other landscaping, lawn or timbering activities.
(Ord. No. 10-0023, 9-8-10; Ord. No. 11-0002, 2-9-11; Ord. No. 13-0015, 7-10-13)
Hampton City Code View whole ordinance
Chapter 24 OFFENSES?MISCELLANEOUS
Sec. 24-39. Open storage of inoperable vehicles on property zoned for residential purposes.
(a) For purposes of this section, the term "shielded or screened from view" means completely precluding visibility of the subject vehicle by someone standing at ground level from outside of the property on which the vehicle is located by placing the vehicle within an area completely enclosed by any combination of the following: (1) a solid, rigid, six-foot opaque fence composed of standard fencing materials; and/or (2) a landscape arrangement of non-deciduous trees or shrubs, sufficient in height, spacing, density and circumference; and/or (3) a permanent structure.
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Cross reference? Penalty for Class 1 misdemeanor, ? 1-11; junk dealers, Ch. 27.
State Law reference? Authority for above section, Code of Virginia, ? 15.2-904.
Hopewell City Code View whole ordinance
Chapter 18 Garbage, Refuse & Weeds
ARTICLE I. IN GENERAL
Sec 18-2. Nuisances
(a) Any weeds, grass, or other foreign vegetation growth upon any property within the city which is detrimental to the health, safety or welfare of the inhabitants of the city, are hereby declared a nuisance.
(b) Any weeds, shrubs, grass, or other vegetation growth upon any property within the city which is in excess of fourteen (14) inches in height are hereby declared a nuisance. This subsection shall not apply to wooded areas of land in their natural state.
? Any hedge, shrub, tree or other vegetation, the limbs, branches or other parts of which overhang, extend or protrude into any street, sidewalk or public alley in a manner which obstructs or impedes the safe and orderly movement of persons or vehicles thereon or, in the case of trees, when the dead limbs or branches thereof are likely to fall into or across such street, sidewalk or public alley, thereby endangering such persons or vehicles, or which would cause a traffic hazard as described in Article XVIII-A-10-c of the zoning ordinance are hereby declared a nuisance.
(d) Any grass, weeds, or other vegetable matter growing on any sidewalk, or between any sidewalk and the paved surface of the street, are hereby declared a nuisance and it shall be the duty of the owner or occupant of any land or premises abutting upon such sidewalks to keep such grass, weeds, and other vegetable matter cut at all times to prevent such space from becoming unsightly or offensive, or from constituting a hazard to the health, safety or welfare of the residents of the city.
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(h) Subsections (a) ? ? shall not apply to wooded areas of land in their natural state.
State law references: Authority for above section, Code of Virginia, ?15.2-901 and ?15.2-1115.
Hopewell City Code View whole ordinance
Chapter 23 Noise
Sec. 23-8. Specific Loud Noises Prohibited.
In addition to the prohibitions listed in the preceding sections, it shall be unlawful for any person to cause, or permit to be caused, any of the following prohibited sounds or noises:
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(g) To create any plainly audible sound or noise in residential areas between 10:00 p.m. and 7:00 a.m. in connection with lawn care, leaf removal, gardening, tree maintenance or removal and other landscaping, lawn or timbering activities.
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Leesburg City Code View whole ordinance
Chapter 8 BUILDINGS AND BUILDING REGULATION
ARTICLE I. IN GENERAL
Sec. 8-3. Abatement or removal of nuisances.
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nuisance means and includes, but is not limited to, anything dangerous, unwholesome, unsanitary, offensive or unhealthy, or any building, structure, or addition thereto, trees, or other vegetation, which by reason of dilapidation, defect of structure, or other causes may have become dangerous to life or property or which may be erected contrary to law, or any substance allowed to accumulate in or on any place or premises, or any portion of a lot adjacent to a street where the difference in level between the lot and the street constitutes a danger to life and limb, or any grounds subject to be covered by stagnant water, or any unsafe, dangerous or unsanitary public or private building, wall or structure which constitutes a menace to the health and safety of the occupants thereof or the public.
(b) Information and determination. Upon information and determination that any person is creating, maintaining or permitting to exist on his premises any nuisance, the town manager shall cause written notice of the specific nature of the nuisance to be served on the owners or the occupants of such land and shall issue an order requiring such persons within a reasonable time, which time shall be no more than 30 days, to abate or obviate the condition or nuisance, such notice and order to be sent by certified mail to the last-known address of the owners or occupants. The time allowed the owner to abate and obviate the nuisance shall include a reasonable period necessary to permit correction and elimination of the violation taking weather conditions and the actual time required for completion of the work into account as well as the extent of hazard to the public caused by the nuisance.
? Failure to comply. If the owners of the properties or premises affected by the provisions of this section fail to comply with the notice and order in the time allowed, the town manager shall cause the minimum work required to abate or obviate the nuisance to be done at the expense of the town and the amount of money so expended shall be recovered from the owners or occupants as provided herein.
(d) Cost of abatement assessed to owners or occupants. In the event the town has abated or obviated the nuisance, the owners or occupants shall be notified that the town has done so and shall be given an itemized cost thereof by certified mail. If the sum due to the town has not been paid within 15 days from receipt of such notice, the town manager shall and is authorized to distrain therefor goods or chattels within the town to collect the sum due, or to treat the unpaid sum as a lien against the property superior to the interests of any owner, lessee or tenant, and next in succession to the town real estate taxes thereon and to add the charges to the amount due for the current town real estate taxes on said property.
(Code 1976, ? 5-1; Ord. No. 76-0-6, ? 1, 4-14-1976)
State Law reference? Authority to require removal, repair, etc., of buildings and other structures, Code of Virginia, ? 15.2-906.
Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-10. Prior notice for removal.
A. For public safety, and to avoid damage to public utilities, owners considering the removal of trees greater than six inches dbh and growing within 15 feet of the City right-of-way should notify the City Arborist of their removal plans.
B. In the Central Business District, there shall be no planting or removal of protected trees without prior notification, review, and approval of the Tree Board.
C. No person, except authorized employees of the City, shall remove planted trees, shrubs or plantings protected under this chapter without first procuring authorization from the City Arborist. The person who obtains such authorization shall bear the cost of removal.
Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-11. Remedies for hazard trees.
A. The City shall provide for removal of dead, diseased, or hazard trees or shrubs on land owned by the City or within a City right-of-way when such trees are determined by the City Arborist to constitute a hazard to life, health, or property.
B. If a hazard tree is located on private property, and if the tree constitutes a hazard to the general public, the City Arborist shall notify the owner of the premises as follows:
(1) Such notification shall:
(a) Be in writing;
(b) Be sent by certified mail, return receipt requested;
(c) Be mailed to the address of the owner shown on the records in the office of the Commissioner of the Revenue; and
(d) Cite the tree's condition and the corrective action required to remedy the hazard tree.
(2) If such owner cannot be found, a copy of such notice shall be placed next to said tree or part thereof.
(3) Written notice shall also be given to any tenant occupying such property.
C. Upon receipt of the written notice described above, the property owner may appeal the order to the City Manager. Such appeal must be made in writing within 15 days of notification from the City Arborist. Any actions required in the notice shall be delayed pending the City Manager's response to the appeal.
D. If any work required to be done by the City Arborist is not accomplished within the time specified, the City Attorney may institute a suit to compel the responsible party to remedy or remove the hazard tree and to recover the necessary costs incurred for the provision of emergency services reasonably required to remedy or remove any such hazard tree.
E. The term "responsible party" shall include, but not be limited to, the owner of the premises where the hazard tree is located.
Luray Town Code View whole ordinance
Chapter 90 VEGETATION
Sec. 90-1. Grass, weeds and other foreign growth.
(a) It shall be unlawful for any person to keep or maintain on his premises any grass, weeds or other growth which is detrimental to the health, comfort or general welfare of any person, including but not limited to any grass, weeds or other growth of ten inches or more in height. However, the provisions of this section shall not apply to any person whose premises are lawfully devoted to agriculture
(b) The town may remove the grass, weeds or other growth, whenever such person, after the expiration of five days next following receipt of notice, has failed to do so. The cost of any removal shall be chargeable to such person and shall be added to their tax bill.
? Violations of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation. The civil penalty for subsequent violations within 12 months of the first violation shall not exceed $200.00. Such violations shall be a Class 3 misdemeanor in the event three civil penalties have previously been imposed within a 24-month period.
(Code 1965, ?? 12-6?12-9; Code 1981, ? 14-35; Ord. of 4-14-1997, ? 1; Res. No. 2005-11-06, ? 1, 11-14-2005)
State Law reference? Authority of town to compel the cutting of grass, weeds and other foreign growth on vacant property, Code of Virginia, ? 15.2-901.
Lynchburg City Code View whole ordinance
Chapter 21.2 SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE I. IN GENERAL
Sec. 21.2-4. Preparation of solid waste for curbside collection.
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(e) Yard waste. Yard waste collection by the city shall only be furnished to those residences regularly scheduled for the removal of solid waste by the city. All yard waste to be collected with normal residential waste shall be placed in approved containers or tied in bundles no larger than four feet in length, 15 inches in diameter and 50 pounds in weight. During special yard waste collection, all yard waste will be collected, provided no part is larger than three inches in diameter, and eight feet in length. Tree stumps and tree trunks will not be collected, nor will the waste resulting from topping or removal of a tree. Special yard waste collection is not offered to businesses. Any yard waste that is accepted pursuant to the city composting program shall be separated from other solid waste for pickup.
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(Ord. No. O-91-056, 3-26-91, eff. 4-1-91; Ord. No. O-93-246, 9-14-93, eff. 10-1-93; Ord. No. O-03-113, 6-10-03, eff. 7-1-03; Ord. No. O-12-098, 9-11-12)
Lynchburg City Code View whole ordinance
Chapter 21.2 SOLID WASTE COLLECTION AND DISPOSAL
ARTICLE II. SOLID WASTE COLLECTION GENERALLY
Sec. 21.2-19. Special collections?Generally.
Special collections by the city shall only be furnished to residential customers and neighborhood cleanup programs. Special collection services are not offered to businesses. Special collections shall be scheduled by the resident, or neighborhood group in advance of placing the material out for collection.
Special collections shall include bulk waste collection, yard waste (brush and leaf) collection and a one-time mover's trash collection of solid waste. No fee will be charged for the collection of designated waste during special collection. Bagged leaves, yard waste, and appropriately bundled brush will be subject to the disposal fee when put out with refuse at other times in accordance with the provisions of section 21.2-16 through 21.2-18. Brush collection restrictions include tree trimming sizes not exceeding three inches in diameter and eight feet in length. As of July 1, 2012, segregated loads of brush and bulk may be brought to the RSA facility at no charge. Residents will be allowed an unlimited number of trips for segregated brush and bulk material.
(Ord. No. O-91-056, 3-26-91, eff. 4-1-91; Ord. No. O-93-246, 9-14-93, eff. 10-1-93; Ord. No. O-97-201, 9-23-97, eff. 10-1-97; Ord. No. O-03-113, 6-10-03, eff. 7-1-03; Ord. No. O-12-098, 9-11-12)
Lynchburg City Code View whole ordinance
Chapter 26 NUISANCES
ARTICLE II. WEED CONTROL
Sec. 26-28.7. Application for removal of weeds.
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(f) The provisions of this article shall not authorize an applicant to enter onto property to remove trees or shrubbery unless the branches, limbs, or other parts of the trees or shrubbery extend or protrude onto private property in a manner which constitutes a danger to citizens or property or where the limbs or branches are likely to fall in such a manner as to endanger private citizens or property. If the department of community planning and development determines that the trees or shrubbery constitute a danger to private citizens or property, the applicant may be authorized to cut and remove such trees and shrubbery that have been designated for removal by the department of community planning and development in accordance with the provisions of this article.
(Ord. No. O-94-113, 5-24-94, eff. 6-1-94; Ord. No. O-00-163, 8-8-00)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-10. Planting by city on application of lot owner.
On the written application of any lot owner, desiring to have trees planted in the treelawn adjacent to his lot, and agreeing to pay the actual cost thereof, the urban forester may comply with such application, if the conditions are found to be favorable, and the convenient use of the street will not be affected thereby.
(Code 1959, ? 23.1-10; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 1. GENERALLY
Sec. 122-34. Planting trees on city property; planting water-seeking trees on private property.
(a) No person, other than a city employee acting in the scope of his duties, shall plant any tree on city property, including but not limited to the streets and sidewalks of the city, without the prior written consent of the city.
(b) The following genera and species of trees are hereby deemed water-seeking and, after December 15, 2001, may not be planted on private property within ten feet of any water, storm sewer, or sanitary sewer easement: Genus Salix (willow), Genus Populus (poplar), Genus Ulmus (elm), Species Acer saccharinum (silver maple), Species Acer rubrum (red maple).
(c) If the person planting the tree neglects or refuses to remove any tree planted contrary to this section within 30 calendar days after being ordered to do so by the city arborist, the city may have the tree removed and require the person planting the tree to pay the cost of removal.
(Ord. No. O-2002-07, ? 1(31.1-3), 11-15-2001)
Martinsville City Code View whole ordinance
Chapter 13 OFFENSES?MISCELLANEOUS
Sec. 13-37. Excessive growth of grass, weeds, etc., on vacant property.
(a) It shall be the duty of the owner of any parcel of land in the city to cut or cause to be cut all grass, weeds or like vegetative growth which exceeds a height of eighteen (18) inches above the ground and which is deemed by the director of public works to create a potential threat to public health or safety; and it shall be the duty of the owner of any legally established lot situated in the city fronting a city-maintained public street to cut thereon any weeds, brush, grass or like vegetative growth if an occupied building or residence is situated on an adjacent lot, subject to the following:
(1) Applicable growth shall be cut to a height of eighteen (18) inches above ground for a depth of eighty (80) feet from the street line measured at ninety (90) degrees with the street line; and
(2) Such vegetative growth shall be cut two (2) times per year between May 15 and June 15; and between August 1 and September 1.
The director of public works may grant a variance from these requirements if, in his opinion, steep slopes or terrain make it impractical to cut such vegetative growth as described above provided that the intent of these requirements is complied with. Should the owner of any such property fail or refuse to abide by this requirement, the director of public works shall give a written notice to such owner requiring him to cut or have cut such grass, weeds or vegetative growth within fifteen (15) days after the date of the notice.
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(e) Nothing in this section shall be cons1d to require the cutting of any tree or ornamental shrubbery, unless it is creating a safety hazard.
(Ord. of 8-24-82, ? 8-2; Ord. No. 87-1, 1-13-87)
Charter reference? Authority of city to require premises be kept clean, sanitary and free from weeds, Ch. 1, ? 2(20).
Cross reference? Penalty for Class 4 misdemeanor, ? 1-11; removal or screening of accumulations of waste material on private property, ? 18-2.
State Law reference? Authority for above section, Code of Virginia, ?? 15.1-11, 15.1-867.
Martinsville City Code View whole ordinance
Chapter 15.5 PROPERTY MAINTENANCE
ARTICLE II. PROPERTY GROUNDS MAINTENANCE
Sec. 15.5-21. Nuisances prohibited; term defined.
It shall be unlawful for the owner or owners, occupant or occupants of any property or premises located in the city to create, cause, or permit the continuation of any nuisance. The term "nuisance" to include, without limitation, the examples set forth as follows:
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(2) Any place of weeds, grass or other noxious vegetation over eighteen (18) inches in height that is within fifty (50) feet of an inhabited residence or business firm.
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The code official heretofore designated by council to enforce the building maintenance code in the city and alternatively the city attorney are hereby vested with discretionary authority to decline to undertake enforcement of this section with respect to nuisances which are (a) deemed to be of a private nature between neighboring property owners, or (b) deemed not to constitute a public nuisance, or ? not visible to the unaided eye from street or ground level outside the boundaries of the property on which the subject nuisance exists.
(Ord. No. 95-11, 12-12-95; Amend. Of 5-13-2008)
Martinsville City Code View whole ordinance
Chapter 19 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
Sec. 19-11. Shrubbery or tree limbs extending from private property across sidewalk or right-of-way or obstructing vision at intersection.
The owner or occupant of any lot adjacent to any paved sidewalk, public right-of-way or street intersection within the city shall not permit thereon any shrubbery or tree limbs which extend across the line of the sidewalk or public right-of-way or which obstruct the vision of motorists or pedestrians at such intersection so as to create a hazardous condition. It shall be unlawful and a Class 4 misdemeanor for any person to violate this section after due notice from the city manager.
(Code 1971, ? 15-10)
Cross reference? Penalty for Class 4 misdemeanor, ? 1-11.
Sec. 19-13. Deposit of cuttings on streets.
It shall be unlawful and a Class 4 misdemeanor for a first offense and a Class 3 misdemeanor for any subsequent offense for any person to rake, deposit or place leaves, grass clippings, brush trimmings or branches or other green waste or cuttings of vegetative matter in or on any street, alley or other public property within the city, without first having obtained the consent thereto of the director of public works. This section shall not prohibit the placement of such material at the curb for pickup by the city as a part of its refuse collection service.
(Ord. No. 2010-06, 7-13-2012)
Cross reference? Penalty for Class 4 misdemeanor, ? 1-11; littering streets, ? 18-1.
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-12. Adjacent landowner responsibility.
No person shall plant, remove, cut above the ground, or disturb any tree on or within any city street right-of-way, park, or other public place without first filing an application and procuring a permit from the zoning administrator. The person receiving the permit shall abide by the standards set forth in this chapter.
(Ord. No. 2004-20, ? XII, 1-25-2005)
Sec. 21.5-13. Private trees.
The property maintenance code allows the zoning administrator, or his/her designee, the authority to enter private land whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary.
(Ord. No. 2004-20, ? XIII, 1-25-2005)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-6. Applicability.
This chapter shall apply to trees, plants and shrubs located within street rights-of-way, parks and public places of the city. Trees, plants and shrubs located on private property that constitute a public nuisance shall be governed by the city's property maintenance code.
(Ord. No. 2004-20, ? VI, 1-25-2005)
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-14 Pruning of Privately Owned Trees
Every owner of any tree overhanging any public street or public right-of-way within the Town shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of fourteen feet (14?) above the street surface or eight feet (8?) above the sidewalk surface. Said owners shall remove all dead or diseased limbs which constitute a risk to public safety.
In the event any such tree is not pruned or removed as required in this section, a notice of intent to prune shall be sent by the Town Administrator or designee to the property owner by certified mail. The property owner will have sixty days from the date of the notice to comply. If compliance is not met within this time frame, the Town Administrator or designee may perform the pruning and charge the costs to the property owner by presenting evidence of the costs incurred to the property owner. The property owner shall then pay such costs within sixty days after the receipt of evidence of such costs.
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
105-17 Dead or Diseased Tree Removal on Private Property
When the Streetscape Committee finds that a tree growing on private property creates an elevated risk to the public safety or welfare, they shall recommend to the Town Administrator that the owner be required to remove the tree or otherwise eliminate the hazardous condition. If the property owner fails to comply with such order within thirty days of notification from the Town Administrator by certified mail, or sooner if necessary to protect the public safety, the Town Administrator or designee may enter the property, remove the tree or otherwise mitigate the hazardous condition, and assess the cost thereof against the property owner.
Middleburg Town Code View whole ordinance
Chapter 118 WEEDS AND DEBRIS
[HISTORY: Adopted by the Council of the Town of Middleburg Ch. 5, Art. III,
Sec. 29, of the 1961 Code. Section 118-2 amended at time of adoption of Code.
Amended in its entirety 09/13/12.]
118-2 Prohibited growth
The owner of any undeveloped or developed property, whether occupied or vacant, shall not permit grass, weeds or other foreign growth on such property or any part thereon to exceed ten (10) inches in height, excluding ornamental grasses, flowers, trees or, shrubs or for plantings associated with a bio-pond as shown on a landscaping plan as approved by the Streetscape Committee.
Newport News City Code View whole ordinance
Chapter 13 BUILDING REULATIONS
ARTICLE VII. ACCUMULATION OF WEEDS
Sec. 13-153. Prohibiting dead trees or parts thereof on property in the city.
It shall be unlawful for any responsible person to permit a dead tree which might endanger the health or safety of persons or property to remain on real property in the city. For the purpose of this ordinance, "responsible person" means an owner of real property or the agent therefor, or any other person responsible for the maintenance of the real property. For the purpose of this ordinance, "dead tree which might endanger the health or safety of persons or property" means any dead tree, any tree that is diseased; or has a dead, diseased, or broken limb or a dead, diseased or broken trunk, or any tree that is totally or partially uprooted, if the height of the tree or the length or the limb or trunk is such that, if it were to fall, the tree, limb or trunk could fall within the public right of way or strike a structure or improvement to real property. A determination of whether or not a tree or part thereof is dead or diseased, shall be made by a qualified arborist employed by the city.
(Ord. No. 6227-06, ? 1)
Newport News City Code View whole ordinance
Chapter 19 SOLID WASTE, LITTER AND RECYCLING
ARTICLE II. RESIDENTIAL SOLID WASTE COLLECTION AND RECYCLING
Sec. 19-16. Disposal of residential solid waste at drop-off facility and residential vegetative waste at the compost facility.
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(b) Residents, and contractors with a principal office located in the city, may dispose of an unlimited amount of residential vegetative waste, specifically excluding stumps and tree roots, waste contaminated with dirt, logs over six (6) inches in diameter or six (6) feet in length, and grass clippings or other bagged waste from any one (1) residential dwelling unit at the city's compost facility free of charge. If residential vegetative waste is delivered by a contractor, the contractor must present an invoice signed by the resident identifying the work site as evidence that the waste results from work performed within city limits.
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(Ord. No. 6443-07, ? 1)
Sec. 19-28. Unacceptable and uncollectible solid waste.
It shall be unlawful to place certain waste at curbside for any reason, including but not limited to the following:
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(18) Tree debris larger than six (6) inches in diameter or six (6) feet long.
(19) Tree stumps.
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(Ord. No. 6443-07, ? 1)
ARTICLE IX. PENALTIES
Sec. 19-90. Schedule of fines and fees.
(a) The following is a list of fineable offenses under Chapter 19:
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(21) Tree stumps placed at curbside for collection [Reference section 19-28]
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(b) Fines for violations under this chapter shall be assessed based on both the severity and the repetitive occurrence of a violation. Severity of violation will be a reflection of the impact the violation may likely have on the aesthetics of the area, an additional expense to the city as a result of the violation, or a health, safety or environmental hazard. (See paragraph (1) below for a detailed breakdown of violations and fines.) The repetitive occurrence of a violation reflects a violation that is not an isolated occurrence, consequently the fine shall increase with each repeated offense. (See paragraph (2) below for a detailed breakdown of violations and fines.)
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(1) Fines based on severity.
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c. The following fines are based on the violation being a blatant offense of the code. Each violation shall be assessed a thirty dollar ($30.00) fine per day.
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(ii) Oversized tree limbs or logs placed at curb for collection
(iii) Land clearing debris placed at curb for collection
(iv) Tree stumps placed at curb for collection
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(Ord. No. 6443-07, ? 1; Ord. No. 6449-08, ? 1)
Norfolk City Code View whole ordinance
Chapter 27 NUISANCES
ARTICLE I. IN GENERAL
Sec. 27-9. Duty of owner or occupant of abutting land to remove solid waste and to cut grass, weeds and other vegetable matter between sidewalk and curb.
It shall be the duty of the owner or occupant of any land or premises abutting upon any public right-of-way, including between the sidewalk and curb, whether paved or not, and the duty of the owner of any unoccupied land or premises abutting upon any public right-of-way, including between the sidewalk and curb, whether paved or not, to remove solid waste (as defined in chapter 14.5 of the City Code), therefrom and to have any grass, weeds and other vegetable matter cut and removed, and at all times to prevent such area from becoming unsightly, impeded, or offensive by reason of failure to remove any such solid waste (as defined in chapter 14.5 of the City Code), or cut any such grass, weeds and vegetable matter. No grass, weeds or other vegetable matter so cut shall be deposited or piled in any gutter or street, or storm water system. The occupant or the owner, or if unoccupied, the owner, of any such land or premises in front of which any such solid waste (as defined in chapter 14.5 of the City Code) or any such grass, weeds or vegetable matter is found contrary to the provisions of this section shall be prima facie the person responsible therefor. Nothing in this section shall be cons1d as authorizing any person to cut or remove any city tree or bush without first obtaining a permit from the director of neighborhood and leisure services or his designee.
(Ord. No. 39,649, ? 2, 6-22-99)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-15. Maintenance permit for work on private property.
The director may issue a maintenance permit for activity in the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District when he has determined that the applicant has presented sufficient information to ensure the objectives of the zoning ordinance and the tree ordinance will be faithfully carried out by the applicant. The director shall impose such conditions and limitations as would be consistent with the terms and conditions of the zoning ordinance. If the permittee fails to carry out the maintenance program within the terms and conditions set forth in the approved management plan, the director shall revoke the same and take such action as is appropriate to remedy or restore the buffer area. The director shall be guided by the following performance standards designed to maintain the functional value of the buffer area and the indigenous vegetation located therein:
(1) Trees in excess of three (3) inches in diameter at breast height (four and one-half (4.5) feet above the ground) shall not be pruned or removed except as necessary to provide minimal sight lines and vistas, and provided that where removed they will be replaced with other vegetation that in the discretion of the director is equally effective in retarding runoff, preventing erosion and filtering nonpoint source pollution from runoff.
(2) Any access path in the buffer area shall be constructed and surfaced so as to effectively control erosion.
(3) A three-tier riparian vegetated buffer comprised of overstory, understory and groundcover plant materials will be established and/or maintained where practical in the discretion of the director. Disturbance to the soil environment and root systems of trees to remain shall be minimized.
(4) When permitted, alterations to the resource protection area or intensely developed area in the Chesapeake Bay Preservation Area Overlay District on city-owned property must be completed and maintained by a Virginia Nurseryman and Landscape Association (VNLA) certified horticulturist, or ISA certified arborist or ISA certified tree worker.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-22. Public nuisance.
(a) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which by reason of its location or condition constitutes an imminent danger to the public health, safety or welfare of the general public shall constitute a public nuisance.
(b) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs free passage of pedestrian or vehicular traffic shall constitute a public nuisance.
(c) Any tree, shrub or other vegetation or a portion thereof, whether located on city-owned property or on private property, which dangerously obstructs the view in the "visibility triangle" as defined in the city street tree planting and location standards shall constitute a public nuisance.
(d) Any tree, shrub or other vegetation growing on private property, when infested by any insect or infected by any disease, which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other vegetation within the city not so infested or infected shall constitute a public nuisance.
(e) Any tree, shrub, or other vegetation growing on private or public property, which by reason of its invasive or aggressive growth habit encroaches upon or threatens any rights-of-way, park, or other city-owned property shall constitute a public nuisance.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-23. Eradication of public nuisance; public or private property.
(a) Any public nuisance as specified in this article which is located on city-owned property shall be pruned, removed, or otherwise treated by the director in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
(b) Any public nuisance as specified in this article which is located on private property shall be pruned, removed, or otherwise treated by the property owner or his agent in whatever fashion is required to abate the nuisance.
(c) In the event that a confirmed infestation or infection, as described in section 45-22, shall occur, the director, at the convenience of the city and when authorized by the city manager, may cause such abatement measures as he shall deem appropriate to be accomplished at public expense.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-24. Notice.
In the event of a public nuisance existing on private property, the director shall cause a written notice to be personally served, posted on the property, or sent by regular mail to the person to whom was sent the tax bill for the real estate taxes for the last preceding quarter. Such notice shall describe the kind of tree, shrub or other vegetation which has been declared to be a public nuisance, its location on the property, the reason for the declaration of a nuisance and shall state the actions that the property owner may undertake to abate the nuisance and the time limit for the abatement. Failure to abate in the time specified shall constitute a violation of this chapter.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-25. Abatement by city.
If such nuisance remains on any land or premises after the expiration of the time specified in the notice given under this section, the director may cause the same to be abated or removed therefrom at the expense of such person, or of the occupant or owner of such land or premises, as the case may be. In addition, an administrative fee, as prescribed by the Code of Virginia and as approved by the city manager, shall be assessed in each case. If the land is unoccupied and the owner is not a resident of the city, notice of abatement by the city shall be given by mailing or delivering a letter to the last known address of the owner no less than five (5) days before the abatement by the city. If the abatement is done at the expense of the owner, the expense of abatement or removal and the administrative fee shall be a lien upon such land or premises and shall be reported to the city treasurer, who shall collect the same in the manner in which city taxes levied upon real estate are authorized to be collected. Such expenses shall be docketed in a book kept for that purpose in the office of the city treasurer and indexed in the name of the person owning such premises or land at the time such lien accrued.
(Ord. No. 41,728, ? 1, 2-15-05)
Petersburg City Code View whole ordinance
Chapter 98 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE I. IN GENERAL
Sec. 98-22. Duty of property owners and occupants to cut grass and other vegetation between sidewalk and curbline and roadside ditches.
(a) Where grass, weeds or other vegetable matter grows between any sidewalk and the curbline, and roadside ditches, it shall be the duty of the occupant of any land or premises abutting upon such sidewalk and ditches to have such grass, weeds and other vegetable matter cut to prevent such space from becoming unsightly or offensive. If any such land or premises is unoccupied, it shall be the duty of the owner thereof to have such grass, weeds or other vegetable matter cut as provided in this section.
(b) The director of public works or designee shall give a 48-hour notice of the provisions of this section to any occupant or owner and shall cause the provisions of this section to be enforced.
(c) Any person violating any of the provisions of this section shall be guilty of a class 3 misdemeanor and each day that grass, weeds or other vegetable matter shall remain uncut after notice to cut such grass, weeds or other vegetable matter shall constitute a separate offense.
(Code 1981, ? 32-36; Ord. No. 12-66, 10-2-2012; Ord. No. 13-06, 1-22-2013)
State Law reference? Authority of city to require removal of weeds from private and public property, Code of Virginia, ? 15.2-1115.
Sec. 98-23. Dangerous, diseased or decayed trees near parks, school grounds, streets or sidewalks.
No property owner shall maintain or allow to remain, on his property within the city, any dangerous, diseased or decayed tree near enough to any park, park place, school ground, sidewalk or street within the city to endanger the safety of persons making lawful use of such park, park place, school ground, sidewalk or street. Any property owner having any such tree on his premises shall be notified, in writing, by the city manager or the director of parks and grounds to remove such tree within a reasonable time, to be specified in such notice. Upon failure of the property owner to comply with such notice, he shall be summoned before the judge of the general district court and, if found guilty of violating the provisions of this section, shall be ordered to remove such tree, at his cost, within a reasonable time to be specified in the order. If the property owner fails to remove the tree within the time thus specified, he shall be guilty of a class 4 misdemeanor.
(Code 1981, ? 21-57)
Portsmouth City Code View whole ordinance
Chapter 17 HOUSING AND COMMUNITY DEVELOPMENT
ARTICLE II. BUILDINGS AND STRUCTURES MAINTENANCE CODE
DIVISION 1. GENERALLY
Sec. 17-23. Definitions.
(a) For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Debris means dead or dying standing weeds, dead or dying standing trees, any tree or parts of a tree which have fallen due to natural causes or otherwise, trash, junk, discarded or abandoned parts of vehicles, appliances or machinery, and shall include, but not be limited to the open outdoor storage of personal property of any kind such as appliances or appliance parts, furniture, interior or exterior equipment or machinery, which is no longer used, including antiques, collectables, glassware and crockery, or any other material or substance which may provide a harbor for snakes or rats or anything or any condition which may be a fire menace or breeding place for mosquitoes, give off obnoxious or offensive odors or endanger the health or safety of the residents of the city. Debris shall not include any of the above property openly stored in a junkyard as defined and permitted pursuant to the zoning ordinance.
Rubbish means all combustible and noncombustible waste materials, except garbage; and the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, dust, crockery and abandoned automobiles.
(b) The following words and terms, when used in the code adopted in this article, shall have the following meanings:
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(3) The word "debris" means dead or dying standing weeds, dead or dying standing trees, any tree or parts of a tree which have fallen due to natural causes or otherwise, trash, junk, discarded or abandoned parts of vehicles, appliances or machinery or any other material or substance which may provide a harbor for snakes or rats or anything or any condition which may be a fire menace or breeding place for mosquitoes, give off obnoxious or offensive odors or endanger the health or safety of the residents of the city.
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(Code 1973, ?? 6-19, 17-19, 17-20; Code 1988, ?? 17-21, 17-101; Ord. No. 1988-111, ? 5(17-19), (17-20), 12-13-1988; Ord. No. 1991-13, ? 1, 2-12-1991; Ord. No. 2008-11, ? 1, 2-12-2008)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Portsmouth City Code View whole ordinance
Chapter 17 HOUSING AND COMMUNITY DEVELOPMENT
ARTICLE II. BUILDINGS AND STRUCTURES MAINTENANCE CODE
DIVISION 1. GENERALLY
Sec. 17-33. Duties of owner and operator enumerated.
The following duties and responsibilities are hereby imposed upon every owner and operator of any building covered by the provisions of this article:
(1) The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. The items prohibited hereby shall include, but not be limited to: Brush, weeds, broken glass, stump roots, obnoxious growths, filth, garbage, trash, refuse, debris, dead and dying trees and limbs or other natural growth, loose and overhanging objects and ground surface hazards.
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(Code 1973, ? 6-27; Code 1988, ? 17-111)
Sec. 17-133. Closure required; care of structure and premises.
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(e) The premises shall be kept landscaped, and lawns, hedges, bushes and trees shall be kept trimmed.
(f) The above duties and responsibilities are hereby imposed upon every owner of any building covered by the provisions of this article.
(Code 1973, ? 6-42; Code 1988, ? 17-133)
Portsmouth City Code View whole ordinance
Chapter 32 STREETS, SIDEWALKS AND LOCAL IMPROVEMENTS
ARTICLE II. RIGHT-OF-WAY PERMIT
Sec. 32-56. Definition.
As used in this article, the word "permittee" means a person to whom a permit required by this article is issued.
(Code 1988, ? 32-56)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Sec. 32-65. Protection of adjoining property.
The permittee shall at all times and at his or its own expense preserve and protect from injury any adjoining property by providing proper foundations and taking other measures suitable for the purpose. The permittee shall, at his or its own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage to public or private property or highways resulting from its failure to properly protect and carry out such work. Whenever it may be necessary for the permittee to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after ditches have been backfilled as required in this article. All construction and maintenance work shall be done in a manner calculated to leave the lawn area clean of earth and debris and in a condition as nearly as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any trees or shrubs which exist in parking strip areas or easements across private property without first having notified and obtained the consent of the property owner, or in the case of public property the appropriate city department or city official having control of such property.
(Code 1973, ? 32-52; Code 1988, ? 32-65)
Richmond City Code View whole ordinance
Chapter 11 ENVIRONMENT
ARTICLE IV. REFUSE, LITTER AND WEED CONTROL
Sec. 11-105. Weeds and other vegetation.
(a) It shall be a misdemeanor for any person who owns or occupies property within the City to permit any grass, plant, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on such property.
(b) It shall be a misdemeanor for any person who owns or occupies property within the City to permit the existence on such property of any live or dead hedge, shrub, tree or other vegetation, any part of which extends or protrudes into any street, sidewalk, public right-of-way, grass strip or alley so as to obstruct or impede or threaten the safe and orderly movement of persons or vehicles.
(c) It shall be a misdemeanor for any person who owns or occupies property within the City to permit any grass, plants, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on any sidewalk, public right-of-way, or grass strip adjacent to such property or unimproved street or alley (to the centerline of such unimproved street or alley).
(d) It shall be a misdemeanor for any person who owns or occupies property within the City to fail to remove fallen trees, detached limbs, or branches, the accumulation of which is offensive, unwholesome, and unsightly.
(Code 1993, ? 19-54; Code 2004, ? 38-154)
Sec. 11-106. Unlawful nuisances.
(a) The following conditions, when allowed to exist on property, are hereby declared to be nuisances:
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(3) Trees or parts thereof in danger of falling onto buildings, structures, vehicles or any public right-of-way;
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(Code 2004, ? 38-154.1; Ord. No. 2012-209-209, ? 1, 12-10-2012)
State Law reference? Farming exemption, Code of Virginia, ? 15.2-901(A)(3).
Roanoke City Code View whole ordinance
Chapter 33 VEGETATION AND TRASH
ARTICLE II. WEED AND TRASH ABATEMENT
Sec. 33-18. Weeds and trash declared public nuisance; abatement required.
Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one (1) acre in area natural vegetation growing more than fifty (50) feet from every property line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel.
(Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90)
Sec. 33-19. Weeds and trash prohibited; duty of owner to remove weeds and trash.
It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provision of this section shall be deemed to be guilty of a Class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section.
(Code 1956, Tit. XXIII, Ch. 6, ? 3; Ord. No. 30275, ? 1, 10-15-90)
Sec. 33-20. - Notice of removal of weeds.
(a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, the city manager shall post a notice of violation on the property and either shall serve the owner of the property with personal service a notice of violation or shall mail notice by United States Postal Service mail, postage prepaid, to the owner of the parcel at the owner's address, as determined from public records. Any written notice provided under this section shall state that there exists a public nuisance with respect to the owner's property and demand the abatement of the nuisance within seven (7) days following the posting of the notice on the property. Such notice, when posted on the property and either served in person or addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient.
(b) The notice shall:
(1) Be in writing;
(2) Set forth the alleged violation of this article;
(3) Describe the parcel of real property where the violations are alleged to exist or to have been committed;
(4) Advise that if the weeds or trash are not removed within the prescribed time, and that if the weeds and trash do not remain abated or removed, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest authorized by this article being specially assessed against the owner and the parcel;
(5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and
(6) Advise that within seven (7) days of the posting of the notice on the property, the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken.
(c) In the event the owner appeals the proposed abatement as provided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5) days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable.
(d) Any notice sent by the city manager to any owner of a parcel which, because of weeds or trash, has been declared a public nuisance under this article and which notice otherwise complies with the requirements of this section, shall constitute complete and sufficient notice for any similar condition during the same period of April 1 until November 1 in which the notice was sent.
(Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 36118, ? 1, 11-4-02; Ord. No. 37436, ? 1, 6-19-06)
Sec. 33-21. Abatement of public nuisance.
(a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within seven (7) days of mailing of notice or of posting, whichever is applicable, or if the owner fails to continue to comply with the requirements of this section, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance, or the city manager may contract for this abatement on behalf of the city with a private contractor.
(b) Any owner may abate the public nuisance himself without liability to the city, provided that he completes the abatement prior to commencement of abatement by city personnel or any private contractor on behalf of the city.
(Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 36118, ? 1, 11-4-02)
Sec. 33-22. Accounting for abatement costs.
The city manager, or city manager's designee, shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee as specified in section 2-178.4 of this Code, to be assessed against the owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article.
(Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34715, ? 1, 3-20-00; Ord. No. 35858, ? 2, 5-13-02; Ord. No. 39658, ? 1, 5-13-13; Ord. No. 40389, ? 11, 11-16-15)
Charter reference? Lien for amount of expense incurred by city in cutting weeds, ? 51.
Cross reference? Authority of director of finance to reduce or waive penalty and interest on charges levied against land owners for removal of noxious weeds, ? 2-283.
Sec. 33-23. Notice to owner on abatement costs.
(a) Upon completion of the reports and assessment lists, the city manager shall mail by United States Postal Service to each owner at his address as determined from public records a notice including a statement to the owner of the abatement cost and the administrative fee. The notice shall provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute special assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recordation of the notice of lien, and from the date of such confirmation, until paid, bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner provided by the Code of Virginia for the collection of state and local taxes.
(b) The city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the clerk's office of the circuit court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment.
(c) The director of finance and the city treasurer, when in their discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. 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.
(Ord. No. 24633, ? 2, 5-14-79; Ord. No. 30275, ? 1, 10-15-90; Ord. No. 34485, ? 2, 9-20-99; Ord. No. 37708, ? 1, 3-19-07; Ord. No. 39658, ? 1, 5-13-13)
Salem City Code View whole ordinance
Chapter 94 VEGETATION
Sec. 94-1. - Cutting grass, weeds, etc.
All persons shall keep their premises, whether owned, leased, occupied, or in their charge, clear of grass, weeds and other foreign growth and, if after written notice from the city manager or the building official, such grass, weeds and foreign growth are not cut within a period of 15 days from such notice, then the person in question shall be guilty of a class 4 misdemeanor. After the expiration of such 15 days, the city manager or the building official may cause such grass, weeds and other foreign growth to be cut and removed, where necessary, and the cost thereof shall thereupon be chargeable to and be collected from the owner of the premises in question, or the person leasing, occupying or having such premises in his charge, as taxes or levies are or may be collected.
(Code 1969, ? 24-28; Ord. of 3-10-97(5))
Salem City Code View whole ordinance
Chapter 95 PUBLIC TREES
Sec. 95-3. Obstruction.
Duty of occupant. It shall be the duty of any person or persons owning or occupying real property bordering on any street upon whose property there may be trees or other vegetation, to prune such trees or vegetation in such manner that they will not interfere with utility lines on the city right-of-way, obstruct the passage of pedestrians on sidewalks, obstruct the view of any street or alley intersection, or obstruct view of any traffic control devices (including but not limited to signs and traffic signals). Suggested minimum vertical clearance of any overhanging portion thereof shall be eight feet over sidewalks, and 16 feet over all streets. Suggested minimal horizontal distance to any traffic signal equipment, traffic control signs, or utility lines should be ten feet. If the occupant fails to perform these duties, city maintenance crews or other tree maintenance crews authorized by the city shall have the right to prune for such clearance over city rights-of-way for safety and accessibility as needed. City maintenance crews or other tree maintenance crews authorized by the city shall have the right to maintain public trees located in the city right-of-way.
(Ord. of 1-10-00)
Staunton City Code View whole ordinance
Chapter 9.05 OFFENSES ? MISCELLANEOUS
9.05.190 Unlawful conditions on private property generally.
(1) It shall be unlawful for any person to have or suffer any unwholesome or offensive matter, stagnant water or nuisance of any kind upon any vacant land, in any house or cellar or upon any premises owned by such person in the city. Any grass, weeds, bushes and vegetation, other than trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground shall be judged to be in violation of the provisions of this section. Notwithstanding the foregoing, however, in the case of a large tract of land exceeding two acres, the health official or such other person as may be designated by the city manager may require that a strip of land 35 feet in width along all lot lines of said parcel be cleared of any grass, weeds, bushes and vegetation other than the permitted trees, ornamental shrubbery, flowers and garden vegetables properly tended, having an overall height of more than 10 inches above the surface of the surrounding ground, if in the opinion of such official said 35-foot strip serves the purpose of meeting the spirit and intent of this chapter.
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(Code 1964, ?? 1313.2 ? 13-13.4, 13-14, 13-15, 13-16.1, 13-17; Code 1985, ? 18-19; Ord. 6-9-94; Amended during the 2003 reformat).
State law reference ? Authority for above section, Code of Virginia, ?? 15.2-901, 15.2-1115.
Virginia Beach City Code View whole ordinance
APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT
Sec. 1.4. Application.
The terms and provisions of this ordinance [appendix] shall apply to property as follows:
A. Residential.
1. All residential lots shall have trees planted, or canopy cover provided, based upon the following minimum requirements by lot size:
a. 1?4,999 square feet:
(1) One small tree per attached townhouse interior lot.
(2) Two (2) small, or medium, trees for attached townhouse end lots.
(3) Two (2) small or medium trees for all other lots.
B. 5,000?7,499 square feet: 300 square-foot canopy cover.
C. 7,500?9,999 square feet: 400 square-foot canopy cover.
D. 10,000?14,999 square feet: 600 square-foot canopy cover.
E. 15,000?19,999 square feet: 750 square-foot canopy cover.
F. 20,000?29,999 square feet: 900 square-foot canopy cover.
G. 30,000?65,339 square feet: 1,000 square-foot canopy cover.
H. 65,340?87,119 square feet: 1500 square-foot canopy cover.
i. 87,200 square feet and greater: 2,000 square-foot canopy cover.
2. Trees shall be selected from the specifications and standards and shall be a minimum of five (5) to six (6) feet in height for small trees at the time of planting and one and one-half (1?) inches to two (2) inches caliper for medium and large trees at the time of planting. Planting shall be accomplished in accordance with the specifications and standards.
3. Existing or relocated trees on individual lots may be used to satisfy section 1.4.A., provided that:
a. The trees meet or exceed the quantities required for lots one to four thousand nine hundred ninety-nine (4,999) square feet or canopy cover as listed in section 1.4.A.1.; and
b. The trees have been protected in accordance with section 1.4.A.5. during construction and are physically and structurally in good condition per the city arborist or his designee;
c. Trees that have canopy extending over adjoining lots will receive credit for only that portion of canopy covering the lot from which the tree is growing. Credit for canopy cover will be given when tree on adjoining lots have canopy extending over an individual lot, but only that portion extending will be credited towards the required canopy cover for the individual lot. Canopy cover for street trees shall be credited toward residential lots in the amount of area on the individual lot measured from the right-of-way line. This credit will be considered only if the outline of the tree canopy, square footage of the tree canopy and type of tree are shown on the site plan when presented to obtain a building permit.
4. Nonacceptable trees: Trees selected for residential use shall not be of a species, variety or cultivar from the nonacceptable tree list in the specifications and standards.
5. Tree protection during construction: Existing trees that are to be used to meet the requirements of section 1.4 shall be protected in accordance with the following: Before construction activity begins, protective barriers must be securely in place. Minimum undisturbed areas shall be determined by multiplying the tree's diameter breast height (DBH), measured at four and one-half (4?) feet, by one foot. This is the minimum diameter that must be left undisturbed around each tree. This area is approximately the area of the outermost branches (drip line). All construction activities shall be prohibited within the minimum undisturbed areas provided for any tree(s) for which credit is given toward satisfying the residential canopy requirements. All temporary construction activities shall also be prohibited with the minimum undisturbed areas, including all excavating, filling, trenching, construction storage and dumping, and parking of construction equipment/vehicles or employee vehicles.
6. Inspection and bonding: Each lot shall be inspected and approved prior to the issuance of the certificate of occupancy or final inspection approval. All new trees must be identified with species identification tags and must remain tagged until after the inspection is complete. The inspection shall be performed by the permits and inspections division of the department of planning. Where additional residential lot trees are required, no certificate of occupancy or final inspection approval shall be issued until the required trees have been planted in accordance with City of Virginia Beach typical planting standards. When the occupancy of a structure is desired prior to the completion of the residential lot tree planting requirement, a temporary certificate of occupancy may be issued if the owner or developer provides to the permits and inspections division of the department of planning a disclosure statement accepting responsibility for the installation of the required trees.
B. Street tree planting:
1. Trees shall be planted within all public rights-of-way in conjunction with new residential development except resubdivisions, undeveloped rights-of-way and townhouse developments where the street design does not provide greenspace for street trees. Trees shall be planted in accordance with a master street tree plan, section 1.4.B.4, that is to be included with the subdivision construction plans. The master street tree plan is to be prepared in accordance with section 1.4.B.4. and approved by the planning director.
2. All street trees shall be a minimum of one and three-fourths (1?) to two (2) inch caliper at time of planting for standard trees and five (5) feet to six (6) feet in height for multistem trees at time of planting. Trees shall be guaranteed to be in good physical condition as determined by the city arborist or his designee, for a period of one year by the developer. The one-year period shall commence from the time of final inspection.
3. Tree selection: Trees shall be selected from the specifications and standards. Tree selection shall be small or medium size and spaced according to the recommended list of street trees in the specifications and standards when distance between sidewalk and curb is four (4) feet. Tree selection shall be medium or large size and spaced according to the recommended list of street trees in the specifications and standards where the distances between sidewalk and curb is greater than four (4) feet or if a sidewalk is not required.
4. Master street tree plan: A master street tree plan shall be prepared and contain the following information:
a. A landscape plan drawn to the same scale as the subdivision plan showing the location and spacing of all trees to be planted.
B. Botanical names, common names, sizes and quantities.
C. Planting details.
D. Location of all curb lines, sidewalks and major utilities. Utilities conflicting with placement of trees shall require an adjustment of tree spacing. When adjustment is necessary, spacing shall not exceed the maximum allowable spacing. No trees shall be placed within ten (10) feet of a streetlight pole nor encroach within the visibility triangle as defined by section 201(f) of the city zoning ordinance. Generally, a minimum of four (4) feet of greenspace on either side of the sidewalk shall be required.
E. Trees on residential lots shall not be used to meet the requirements of street tree planting, except when a lot or group of lots are heavily wooded and the planting of street trees would physically conflict with the canopy of the residential trees. The street tree requirements may be deleted in these areas only. The planning director or his designee shall determine if such a conflict exists.
5. Bonding: Prior to the recordation of any final subdivision plat, the developer shall provide a performance bond with surety, cash escrow, irrevocable letter of credit, any combination thereof, or such other legal arrangement acceptable to the city attorney to cover the costs of such trees and their planting. In the event that the developer fails to plant such trees as required by this ordinance, the city may use the performance bond to cover the cost of purchase and planting of all required street trees. In such event, the developer shall reimburse the city for any excess cost should the cost of purchase and planting of the trees exceed the amount of security provided. A bond shall be required to cover the guarantee period.
C. Exemptions:
1. The requirements of section 1.4.B. of this appendix shall not apply to resubdivisions or to unimproved rights-of-way.
2. The requirements of section 1.4.B. shall not apply to townhouse developments where the street design does not provide adequate greenspace for street trees.
D. Compatibility with best management practices (BMPS). In no case shall a subdivision be approved wherein the design calls for the planting of trees over any underground water retention areas.
(Ord. No. 1965, 6-11-90; Ord. No. 2153, 6-23-92; Ord. No. 2330, 5-23-95)
Winchester City Code View whole ordinance
CHAPTER 29 UTILITIES
ARTICLE II. WATER
DIVISION 1. GENERALLY.
SECTION 29-32. DECLARED WATER SUPPLY EMERGENCY; MANDATORY CONSERVATION; PENALTIES
(a) In the event the Common Council ratifies a declaration of a local emergency within the City, as required by Section 44-146.21 (a) of the Code of Virginia, 1950, as amended, and such declaration is caused by a water supply shortage within the City, then the following provisions shall take effect at the time of such ratification and shall remain in effect throughout the duration of the declared emergency:
1. The watering of trees, shrubbery, lawns, or any other vegetation from City water supplies shall be prohibited.
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Winchester City Code View whole ordinance
CHAPTER 30 VEGETATION
ARTICLE III. GRASS, WEEDS AND OTHER FOREIGN GROWTH ON PRIVATE PROPERTY
SECTION 30-50. DUTY OF PROPERTY OWNERS TO CUT.
(a) Owners of property within the City shall not allow grass, weeds and other foreign growth thereon to exceed ten (10) inches in height. All grass, weeds and foreign growth on a one hundred (100) feet by one hundred (100) feet or smaller lot or acreage must be cut. In case of a larger lot or acreage, all grass, weeds and foreign growth thereon must be cut a distance of one hundred (100) feet from all adjoining property lines.
(b) Any owner who violates any provision of this section shall be subject to a civil penalty of Fifty Dollars ($50.00) 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 twelve (12) months of the first violation shall be Two Hundred Dollars ($200.00). 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 Three Thousand Dollars ($3,000.00) in a twelve (12) month period.
(c) Violations of any provision of this section shall be a Class 3 misdemeanor in the event three (3) civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, with a twenty-four (24) month period. Classifying such subsequent violations as criminal offenses shall preclude the imposition of civil penalties for the same violation.
(Code 1959, ?11-5; Ord. No. 022-94, 07-12-94; Ord. No. 13-2006, 4-11-06)
SECTION 30-51. NOTICE TO CUT.
Where grass, weeds or other foreign growth in excess of ten (10) inches in height are found upon property, the code enforcement officer, as defined in section 11-2 shall immediately notify the owner of such property to cut such grass, weeds, or other foreign growth down to a height not to exceed three (3) inches. One written notification per growing season to the owner shall be considered reasonable notice for this article provided it is made by the same procedure as set forth in Section 11-37 of this Code.
(Code 1959, ?11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91; 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97; Ord. No. 2013-38, 12-10-13)
SECTION 30-52. CUTTING BY THE CITY.
(a) If grass, weeds, or other foreign growth have not been cut within ten (10) days from the date the notice provided for in Section 30-51 is sent, the code enforcement officer, as defined in section 11-2 shall cause the cutting by the City's forces or the City's agent of such grass, weeds or other foreign growth forthwith.
(b) Where grass, weeds or other foreign growth have been cut by order of the code enforcement officer pursuant to the provisions of this section, the cost of such cutting and a Fifty Dollar ($50) fee to offset the administrative expenses shall be billed to the owner of the property. If such bill is not paid, it shall be added to the City real estate tax bill on such property and shall be a lien on such property to the same extent and effect as such real estate tax is.
(Code 1959, ?11-5; Ord. No. 048-88, 11-15-88; Ord. No. 029-91, 6-11-91; Ord. No. 022-94, 07-12-94; Ord. No. 028-97, 10-14-97; Ord. No. 2013-38, 12-10-13)
State Law References--Authority of city to require cutting or removal of weeds and other foreign growth, Code of Virginia, ??15.2-0-1, 15.2-1115, ?15.2-1429(penalty)
Woodstock Town Code View whole ordinance
Chapter 34 HEALTH AND SANITATION
ARTICLE II. CONDITION OF PREMISES
DIVISION 2. WEEDS, DEBRIS, ETC.
Sec. 34-42. Traffic hazard or menace to public safety.
It shall be unlawful for the owner of any land or lot within the town to permit any weeds, tree, shrub, hedge, flower or growth of vegetation of any kind to remain upon such land or lot in such location, size and condition as to constitute an obstruction or hindrance to the safe movement of vehicular and pedestrian traffic upon the streets and alleys of the town or as to constitute a menace to public safety.
(Code 1968, ? 19-17; Ord. of 11-6-2007)
Cross reference? Traffic and vehicles, ch. 78.