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Abingdon Town Code 
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Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE V. HAZARDOUS TREES ON PUBLIC PROPERTY
Sec. 78-12. Remedies for hazardous trees.
Upon determination by the town arborist that same are a hazard, the town shall provide for removal of dead, diseased or other hazardous trees or shrubs in any public area.
(Ord. of 8-7-00)
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. 6-2-36 Same?exemptions.
The city manager may authorize the removal of any tree for which a permit is required by this article without the issuance of a permit if he determines that the tree constitutes a hazard to the public health or safety and requires immediate removal, or in the event of a natural disaster, a man-made disaster or local emergency as defined in section 4-3-2 of this code.
(Code 1963, Sec. 39-12.6)
Alexandria County Code View whole ordinance
ZONING
ARTICLE XIII. ENVIRONMENTAL MANAGEMENT
13-107 Development, redevelopment, and uses permitted in RPAs.
The following criteria shall apply in RPAs unless the development, redevelopment, use, or land-disturbing activity is exempted under section 13-123 or granted an exception pursuant to section 13-119. All development, redevelopment, and uses within the RPA must comply with the performance criteria provided in section 13-109.
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(C) The following, if permitted in the underlying zone, are allowed within the RPA if approved by the director of T&ES and provided that a water quality impact assessment is performed and accepted by the director of T&ES as complete in accordance with section 13-117.
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(4) Stream restoration projects and shoreline erosion control and stabilization projects, including the removal of trees and woody vegetation, employment of necessary restoration, control, and stabilization techniques, and establishment of appropriate vegetation, may be allowed in accordance with the best available technical advice and applicable permit conditions or requirements if approved by the city arborist.
(D) In order to maintain the functional value of the RPA buffer area, existing vegetation may be removed if approved by the director of T&ES and only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices to prevent upland erosion and concentrated flows of stormwater, as follows:
(1) Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. Replacement vegetation shall require the approval of the director of T&ES, in consultation with the department of recreation, parks, and cultural activities and the department of planning and zoning.
(2) Any path shall be constructed and surfaced so as to effectively control erosion.
(3) Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be conducted. The director of T&ES may approve a long term management plan for a specific RPA that complies with professionally recognized management practices.
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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)
Arlington County Code View whole ordinance
Chapter 8.1 FIRE PREVENTION CODE
ARTICLE II. FIRE PREVENTION CODE
Sec. 8.1-22. Incorporation Amendments, Additions and Deletions to the Virginia Statewide Fire Prevention Code.
508.5.5. Clear space around hydrants and fire department connections.
Clear space shall be maintained around the circumference of any fire hydrant or fire department connection. No person shall plant anything or erect any obstruction within four (4) feet of any fire hydrant or ten (10) feet of any fire department connection and shall not be obstructed by trees, shrubs, plants, structures or any other object.
901.11. Obstruction of fire hydrants and fire department connections.
Fire hydrants and fire department connections shall have a minimum of four (4) feet of clear space maintained in all directions and shall not be obstructed by trees, shrubs, plants, structures or any other objects.
Ashland Town Code View whole ordinance
Chapter 11 NUISANCES*
ARTICLE I. IN GENERAL
Sec. 11-1. Nuisances prohibited within town.
It shall be unlawful for any person to cause, harbor, commit or maintain, or to suffer to be caused, harbored, committed or maintained any nuisance as defined by the statute or common law of this state or as defined by this Code or other ordinance of the town at any place within the town.
Sec. 11-2. Certain nuisances enumerated.
The following acts when committed, or conditions when existing, within the town are hereby defined and declared to be nuisances:
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(c) All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy or injurious to the public.
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(4-23-91, ? 1)
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.
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 34 ZONING
ARTICLE IX. GENERALLY APPLICABLE REGULATIONS
DIVISION 7. LOTS AND PARCELS-DEVELOPMENT; GENERAL REGULATIONS
Sec. 34-1121. Sight distance?Required sight triangle.
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(b) Where a driveway intersects a public right-of-way, or where property abuts the intersection of two (2) public rights-of-way, no person shall place or maintain any structures, fences, landscaping or any other objects within any sight triangle area, where any such object(s) obstruct or obscure sight distance visibility by more than twenty-five (25) percent of the total view in the vertical plane above the sight triangle area between a height of fifty-four (54) inches and one hundred twenty (120) inches above the roadway surface, except for the following:
(1) Landscaping, structures or fences that protrude no more than fifty-four (54) inches above the adjacent roadway surface may be permitted within the sight triangle area; and
(2) Trees may be planted and maintained within the sight triangle area, if all branches are trimmed to maintain a clear vision for a vertical height of one hundred twenty (120) inches above the roadway surface and the location of the trees planted (based on the tree species' expected mature height and size) does not obstruct sight visibility by more than twenty-five (25) percent of the sight triangle area.
(3) United States mail boxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, fire hydrants, and trees having no visual obstruction (other than the tree trunk) up to the height of ten (10) feet above the established street grade.
Chesapeake City Code View whole ordinance
Chapter 62 SOLID WASTE
ARTICLE I. IN GENERAL
Sec. 62-8. Public nuisances; trees, shrubs and other plants.
(a) The city council finds that the neglect of trees, shrubs and other plants on any land or premises within the city, other than those used for agricultural purposes, can result in conditions that cause a plant or portion thereof to hang precariously over a public right-of-way, thereby constituting a danger to the health, safety and welfare of the general public.
(b) Any tree, shrub or other plant or a portion thereof located on any land or premises within the city, other than those used for agricultural purposes, which hangs precariously over a public right-of-way constitutes a danger to the health, safety or welfare of the general public, as determined by the city manager or designee, shall constitute a public nuisance.
(c) Any public nuisance as specified in this section which is located on city-owned property shall be pruned, removed, or otherwise treated at the direction of the city manager or designee in whatever manner required to cause the abatement of the nuisance within 30 days after its discovery by the city. This 30 day time limit shall be extended when a local emergency is declared pursuant to Chesapeake City Code ? 2-624.
(d) Any public nuisance as specified in this section which is located on any land or premises within the city, except for property used for agricultural purposes, shall be pruned, removed or otherwise treated by the property owner or his agent in whatever manner required to abate the nuisance as determined by the City Manager or his designee.
(Ord. No. 10-O-035, 4-27-10)
Sec. 62-9. Notice.
(a) In the event of a public nuisance as described in section 62-8 existing on land or premises within the city, the city manager or designee shall cause a written notice to be personally delivered or sent by mail to the last known street or post office address to the owner or such other person who is in control of the property. Proof of mailing or delivering the notice shall be sufficient evidence that the notice was served, and the date of mailing or delivery, as the case may be, shall be the date of service. If the last known street or post office address of such person is unknown or the notice so mailed is returned undelivered by the post office, then service of the notice shall be made by posting the notice on the property on which the condition exists. Proof of posting shall be sufficient evidence that the notice was served, and the date of posting shall be the date of service. Such notice shall describe the species of tree, shrub or other plant 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 give the owner 30 days from the date of the letter to abate. If during that 30 day time period the City declares a local emergency pursuant to Chesapeake City Code ? 2-624, the time limit for the abatement shall be extended on an individual basis at the discretion of the city manager or his designee.
(b) If, in the opinion of the city manager or designee, the condition of any tree, shrub or other plant or a portion thereof constitutes an emergency which involves an imminent danger to human life or health, notice which is reasonable under the circumstances shall be given to the owner or such other person who is in control of the property. In case the owner or such other person who is in control of the property cannot be found, or if such individual fails to comply with the notice, the city manager or designee may promptly enter upon the property and take steps he deems necessary to abate the danger, with such assistance and at such cost as he deems appropriate.
(Ord. No. 10-O-035, 4-27-10)
Sec. 62-11. Entry on property.
The city manager and/or his designee(s) shall have the authority to enter upon private property at reasonable times and in a reasonable manner whereon there is located a tree, shrub, plant or portion thereof that is reasonably believed to create a public nuisance because it hangs dangerously over a public right-of-way.
(Ord. No. 10-O-035, 4-27-10)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-605. Maintenance.
Retained and newly provided landscaping shall be maintained in healthy condition. Damaged or dead plants shall be pruned, removed or replaced as required by the director of development and permits, or designee, to ensure compliance with this ordinance. Plant material lost due to work within utility easements shall be replaced and/or relocated as directed by the City of Chesapeake at the property owner's expense.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 10-O-127, 10-19-10)
Chincoteague Town Code View whole ordinance
Chapter 22. ENVIRONMENT
ARTICLE III. NUISANCES
DIVISION 1. GENERALLY
Sec. 22-62. Certain nuisances enumerated.
(a) The following acts when committed or conditions when existing within the town are defined and declared to be nuisances:
Cross reference?Nuisance declared on Johnson grass, ? 66-52.
State law reference?Abatement or removal of nuisances, Code of Virginia, ?? 15.2-900,
15.2-1115.
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(3) All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control thereof to be kept or maintained in a condition unsafe, dangerous, unhealthy, injurious or disturbing to the public.
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? The nuisances described in this section shall not be cons1d as exclusive, and any act of commission or omission and any condition which constitutes a nuisance by statute or common law of the state, when committed, omitted or existing within the town limits, is declared to constitute a nuisance.
(Code 1977, ? 12-2)
Chincoteague Town Code View whole ordinance
Chapter 58. TRAFFIC AND VEHICLES
ARTICLE IV. MINIMUM SIGHT DISTANCE AT INTERSECTIONS
Sec. 58-107. Erection of obstructions.
No person, firm, or entity owning, leasing or otherwise in possession of real estate in the town, which real estate is situated adjacent to any highway, street, or public right-of-way, including any sidewalk adjoining thereto, shall erect, place, construct, grow, or otherwise maintain on such real estate or the sidewalk adjacent thereto any improvement, permanent or temporary; any structure; any sign; any banner; any tree, shrubbery, or vine; or any other object or thing which prohibits, restricts, or impedes the operator of any motor vehicle utilizing any highway, street, or public way which intersects with the highway, street or public way adjacent to such real estate from having an unobstructed line of sight of at least 250 feet from the intersection of such highway, street, or public way to observe approaching motor vehicles traveling on the highway, street, or public way adjacent to such real estate. The line of sight will be measured at a point fifteen feet back from the intersecting street.
(Code 1977, ? 11-36; Ord. of 1-3-2000)
(Amended 9/4/07)
Danville City Code View whole ordinance
Chapter 35 STREETS AND SIDEWALKS
Sec. 35-14. Clearance of tree limbs above street or sidewalk.
It shall be unlawful for any person to suffer his shade trees to have any limbs lower than twelve (12) feet above the sidewalk or street. If the owner shall fail or refuse to have such limbs cut off, the Director of Public Works shall trim such trees so as to conform with the provisions of this section.
(Code 1962, ? 28-9)
Danville City Code View whole ordinance
Chapter 35 STREETS AND SIDEWALKS
Sec. 35-14.1. Obstructions to visibility at street intersections.
(a) No sign, fence, wall, hedge, planting or other obstruction to vision, extending from a height of two and one-half (2?) feet to ten (10) feet above the established street grade, shall be permitted within the area formed by the intersection of right-of-way lines at corner lots and a straight line joining the right-of-way lines at points which are twenty-five (25) feet distance from the intersection of the right-of-way lines at the corner of the lot. This section shall not apply to mailboxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, fire hydrants, trees with no visual obstruction (except tree trunk) up to the height of ten (10) feet above the established street grade, or when an engineering and traffic investigation reveals that no safety hazard exists.
(b) Upon determination that a violation of this section exists, the City shall send written notice by first class mail of the violation to the owner or occupant of the lot requiring the owner or occupant to remove all obstructions violating the provisions of this section within five (5) days after receipt of the written notice. It shall be unlawful for any owner or occupant of a corner lot to fail to remove all obstructions violating the provisions of this section within five (5) days after receipt of written notice from the City so to do.
(c) Upon failure of the owner or occupant of a corner lot to comply with the provisions of this section within five (5) days after receipt of written notice from the City so to do, the City may enter upon such lot and remove there from any and all obstructions found to be in violation of this section. Where trees, shrubs, hedges or other plantings constitute the violation of this section, the City shall have the authority to either trim or remove the same based upon the most cost effective method.
(d) In the event an obstruction violating this section is located on City-owned property or right-of-way, such obstruction may be trimmed or removed, whichever is applicable; provided, however, that prior to removal the City shall give written notice to the owner or occupant of the property adjacent to the City-owned property or right-of-way on which the violation of this section is located of the City's intention to remove the obstruction within five (5) days from the receipt of the written notice by first class mail.
(Ord. No. 83-11.5, 11-7-83; Ord. No. 2011-07.13, 7-19-11)
Danville City Code View whole ordinance
Chapter 38.5 VEGETATION
ARTICLE III. LANDSCAPING
Sec. 38.5-28. Removal and maintenance.
(a) The City will provide maintenance or removal of dead or diseased trees or shrubs on land owned by the City or a City street, sidewalk, or alley right-of-way when such trees or shrubs are determined by the City to constitute a hazard to life, health, or property.
(b) No person shall remove trees or shrubs from land owned by the City or a City street, sidewalk, or alley right-of-way for any purpose without first procuring authorization from the Director of Public Works. The person who obtains such authorization shall bear the cost of removal if it is determined that the tree or shrub does not present a hazard to person or property.
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)
Falls Church City Code View whole ordinance
Chapter 33 PROPERTY MAINTENANCE CODE
ARTICLE II. IN GENERAL
Sec. 33-4. Sidewalks, driveways and parking areas.
All private sidewalks, driveways and parking areas on commercial properties shall be kept in a proper state of repair and maintained free of major cracks, holes or dislodged pavers. All private trees, vegetation, shrubs or similar plantings on commercial and residential properties shall be trimmed so as to not obstruct vehicle or pedestrian passage along a public right-of-way or access to a required parking space, nor shall such plantings violate the visibility requirements of section 48-1103.
(Ord. No. 1872, 3-12-2012)
Falls Church City Code View whole ordinance
Chapter 35 STORMWATER
ARTICLE I. STORMWATER MANAGEMENT
Sec. 35-10. Chesapeake Bay Preservation Areas established.
(a) Chesapeake Bay Preservation Areas. All land within the city is designated as a Chesapeake Bay Preservation Area, which is divided into resource protection areas and resource management areas.
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(f) Removal of vegetation in the resource protection area buffer area. Indigenous vegetation may be removed from the RPA buffer area only as permitted by the director to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows. All requests for vegetation removal shall be submitted in writing to the director for evaluation:
(1) Trees may be pruned or removed as necessary subject to the written approval of the director to provide for sight lines and vistas; provided that, where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
(2) Any path shall be constructed and surfaced so as to effectively control erosion.
(3) Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu, and multiflora rose) may be removed and thinning of trees may be allowed subject to the written approval of the director, pursuant to sound horticultural practice incorporated into locally adopted standards.
(4) For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
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(h) Re-establishment of buffer areas. The buffer area required in subsection (b)(2) of this section shall consist of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. Where such vegetation is not sufficient to meet this purpose, it shall be established in accordance with this section.
(1) Where buffer areas are to be established, they shall consist of a mixture of shade trees, understory trees, shrubs and groundcovers. Density of the buffer shall be as described in the Riparian Buffers Modification and Mitigation Guidance Manual Restoration and/or Establishment Tables.
(2) Vegetation shall be chosen from the city recommended lists of trees and/or native floodplain species. Wetland plantings, including herbaceous plantings, and/or wetland seed mix shall be used where site conditions warrant. Plant materials and planting techniques shall be in accordance with the City of Falls Church Specifications for Planting.
(3) Where invasive plant species are present, the director may require their removal as part of the re-establishment of the buffer area.
(Ord. No. 1915, 3-24-2014; Ord. No. 1928, 9-8-2014)
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)
Farmville Town Code View whole ordinance
Chapter 18 OFFENSES?MISCELLANEOUS
Sec. 18-17. Destroying, injuring, etc., property?Public.
It shall be unlawful for any person to break, tear down, deface or destroy, or to assist in breaking, tearing down, defacing, injuring or destroying, any tree, sign, building, bridge, pavement or any other property belonging to or controlled by the town.
(Code 1973, ? 18-15)
State Law reference? Similar provisions, Code of Virginia, ?? 18.2-138, 18.2-139.
Sec. 18-39. Removing sand, rock, etc., from streets and public grounds.
It shall be unlawful for any person to remove or cause to be removed any dirt, sand, stone, rock, tree, shrub, plank, sidewalk or fence from any street, alley, lot or ground belonging to the town without permission from the mayor or the council.
(Code 1973, ? 18-41)
Cross reference? Streets and sidewalks, Ch. 23.
State Law reference? Injuries to trees, etc., in public squares or grounds, Code of Virginia, ? 18.2-139.
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)
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)]
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
ARTICLE I. Districts and District Map
Sec. 2.8. Prohibition of visual obstructions at street intersections.
On corner lots in any district except the B-2 central business district, no fence, shrubbery, trees, other plantings or structures shall be permitted higher than three feet above the curb or street, whichever is higher, within a triangle formed by two twenty
Harrisonburg City Code View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS
CHAPTER 6. PUBLIC TREE ORDINANCE
Sec. 9-6-6. Obstruction.
(a) Duty of occupant: With the exception of the central business district, it shall be the duty of any person owning or occupying real property bordering on any street right-of-way to prune, maintain or remove any trees, vegetation or weeds within such right-of-way in a manner to ensure that they will not: cause potential hazard to public safety, obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision or traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be nine (9) feet over sidewalks, and sixteen (16) feet over all streets. Prior to commencing such work, property owners are required to obtain a permit as specified in this chapter.
(b) Notice to prune: Should any person owning real property bordering on any street right-of-way fail to prune, maintain or remove trees, vegetation or weeds as provided above, the department of public works, with the advice of the superintendent of parks shall order such person to so prune, maintain or remove such trees, vegetation or weeds within five (5) days after receipt of written notice. Such notice shall be mailed by certified mail, return receipt requested, to the last known address of the property owner.
(c) Failure to comply: When a person to whom an order it directed shall fail to comply within the specified time, the city may do the work or cause the work to be done, and the cost thereof, shall be charged to the owner of the lot and if not paid, shall be added to and collected with his real estate tax for the current year.
(Ord. of 12-14-04)
Leesburg City Code View whole ordinance
Chapter 22 NUISANCES
Sec. 22-1. Dangerous, offensive, etc., conditions on property generally.
(a) It shall be unlawful for any owners of property to maintain on said property any and all trash, garbage, refuse, litter and other substances which might endanger the health or safety of other residents.
(b) Upon notice from the town, a property owner shall within five days remove all trash, garbage, refuse, litter and other substances. In the event the property owner fails to comply with said notice, the town through its agents or employees may elect to remove the trash, garbage, refuse, litter and/or other substances, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected as taxes are collected.
(c) It shall be unlawful for the owners of property to permit grass, weeds and other foreign growth to exceed 12 inches. It shall be unlawful for the owners of any property to permit unsafe trees to remain on the property that would pose a threat to public property and persons on public property.
(d) Upon notice from the town, a property owner shall within five days cut or trim grass, weeds, unsafe trees, and other foreign growth on such property or any part thereof to a height no greater than 12 inches. In the event the property owner fails to comply with said notice, the town through it agents or employees may elect to cut or trim the grass, weeds, remove or trim unsafe trees to render it safe, and foreign growth, in which event the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected as taxes are collected.
(e) Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, title 58.1, ch. 39, arts. 3 and 4 (Code of Virginia, ?? 58.1-3940 et seq., 58.1-3965 et seq.). The town may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 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 therefore 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.
(f) Any violations of the section shall be subject to a civil penalty of $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 12 months of the first violation shall not exceed $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 $3,000.00 in a 12-month period. The civil penalties are in addition to any costs the property owner incurs as a result of the failure to comply with this section.
(g) In the event three civil penalties have been previously imposed on the same property owner for the same or similar violation, not arising from the same set of operative facts, within a 24-month period, the fourth violation shall be a class 3 misdemeanor.
(Code 1963, ? 12-10; Code 1976, ? 11-38; Ord. No. 76-0-6, ? 2, 4-14-1976; Ord. No. 2006-0-01, ? I, 1-10-2006)
State Law reference? Authority to so provide, Code of Virginia, ? 15.2-901.
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 356. Streets and Sidewalks
[HISTORY: Adopted by the City Council of the City of Lexington as ?? 15-20, 15-21, 21-1, 21-2, 21-4 to 21-10, 21-12 to 21-15, 21-20 to 21-26 and 21-28 of the 1958 Code (?? 15-23, 15-24 and 15-29 and Ch. 21 of the 1970 Code). Amendments noted where applicable.]
Sec. 356-14. Vegetation obstructing view at intersections.
Where any vines, hedges, shrubbery or like vegetation obstructs the view at or near any intersection of streets, the City Manager shall have full power and authority to require the owner thereof to reduce the height of such vine, hedge, shrub or like vegetation and to maintain the same at such a height as the City Manager may deem necessary to promote public safety.
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
APPENDIX A ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
503. Visibility at intersections.
(a) Except for street signs, utility poles, or traffic signs, no tree, shrub, bush or other thing, or any part thereof, shall be placed or allowed to remain on any corner lot in such a manner as to impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bound by the street centerlines of such intersecting streets and a line joining the street centerlines at a distance of 50 feet from the point of intersection.
(b) The town may remove the tree, shrub, bush or other thing, or any part thereof, 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 a Class 4 misdemeanor.
(Ord. No. 2005-11-11, ? 1, 11-14-2005)
Lynchburg City Code View whole ordinance
Chapter 26 NUISANCES
ARTICLE II. WEED CONTROL
Sec. 26-28.7. Application for removal of weeds.
?
(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. 38-11. City maintenance of trees and vegetation in public rights-of-way.
(a) The city is not required to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way except as provided in subsection 26-28.1(c) of the city's weed ordinance. The city shall not cut and/or remove weeds, brush, plants, grass or other vegetation growing in the unimproved portion of the public right-of-way lying between any public street and private property lines except when the weeds, brush, plants, grass or other vegetation grow in such a manner as to obstruct the view of traffic signs, obstruct the view of an intersection or otherwise create a traffic hazard.
(b) If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or is growing in such a manner that the branches, limbs or other parts of the tree extend or pertrude onto private property in a manner that constitutes a danger to citizens or property, the city will cut and remove or prune such tree once it has been notified of the condition of the tree. It shall be the responsibility of the adjoining property owner or tenant to notify the city when a tree is growing in such a manner that it needs to be cut and removed or pruned.
(c) Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines. No person shall cut and remove or prune any tree growing in the public right-of-way without first obtaining a permit from the urban forester as required in section 38-38 of the City Code.
(Ord. No. O-95-327, 12-12-95; Ord. No. O-99-254, 11-23-99)
Lynchburg City Code View whole ordinance
Chapter 38 TREES AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 38-3. Obstruction.
(a) Duty of occupant: It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, shrubs, weeds and other vegetation, to prune such trees, shrubs, weeds and vegetation in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be eight feet over sidewalks, and 14 feet over all.
(b) Duty of property owner: It shall be the duty of any person or person owning or occupying real property bordering on any street upon which property there may be trees, shrubs, weeds and other vegetation which cause potential hazard to public safety, to prune or remove such trees, shrubs, weeds and other vegetation.
? Notice to prune: Should any person or persons owning real property bordering on any street fail to prune trees, shrubs, weeds and other vegetation as hereinabove provided, the urban forester shall order such person or persons to so prune such trees, shrubs, weeds and other vegetation within a reasonable time.
(d) Service of order: All notices to comply with the provisions of this article shall be served either by personal service, publication, posting or by certified mail and such procedures shall be deemed the equivalent of personal service. If the owner or owners of any unoccupied lot or premises is not a resident of the city and does not have an agent in the city upon whom notice can be served, notice may be given by sending the same by certified mail to the last-known address of the non-resident owner. The last known address of the owner shall be that shown on the current real estate tax assessment books or current real estate tax assessment records.
? Failure to comply: When a person to whom an order is directed shall fail to comply within the specified time, the city may prune such trees, shrubs, weeds, and other vegetation, and the cost thereof shall be recoverable from such person so failing to comply.
(Code 1959, ? 23.1-3; Ord. of 5-23-78; Ord. No. O-99-254, 11-23-99; Ord. No. O-12-136, 11-27-12)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 3. PROTECTION AND NUISANCE ABATEMENT
Sec. 122-72. Trees posing hazard to human life or safety.
The city arborist may require the pruning or removal of trees or parts thereof which are in danger of falling. The procedure for doing so is given in section 70-111 et seq.
(Ord. No. O-2002-07, ? 1(31.1-7), 11-15-2001)
Sec. 122-73. Removal of dead, decaying, etc., trees.
It shall be unlawful for an owner or occupier of property to permit any tree, bush or other plant to remain on the property if such tree, bush or other plant endangers persons using the streets and sidewalks of the city or poses a risk of fire or other property damage because of its location and/or condition. The city arborist may give a written notice of violation to the owner or occupier of property to remove any such tree, bush or other plant. Such notice shall give the owner or occupier a date certain by which to remove the plant, and such date shall be reasonable under the circumstances. If the owner or occupier of the property does not comply with the notice, the city may remove the tree, bush or other plant and require the owner or occupier of the property to pay the cost of removal. In an emergency, the city may have the tree, bush, or other plant removed without prior notice and require the owner or occupier of the property to pay the cost of removal.
(Ord. No. O-2002-07, ? 1(31.1-8), 11-15-2001)
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)
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
105-16 Acts Harmful to Trees on Public Property
(A) No person shall abuse, mutilate or otherwise damage any tree located on public property or any tree protected by this ordinance, including those street trees located along street frontages within a subdivision. However, nothing in this section shall be cons1d to prevent reasonable and proper trimming of trees located on public property by authorized persons in accordance with the accepted arboricultural standards set forth by the International Society of Arboriculture.
(B) No person shall attach any sign, notice, placard, electrical wire or other injurious device to any tree, nor shall any person cause any substance harmful to trees to come in contact with them, or prevent water or oxygen from reaching their roots. The use of tree-climbing spikes is prohibited except for removals or in emergencies.
? No person shall cover the ground with impervious material any closer to the trunk of a tree than its drip line. This provision may be waived by the Town Administrator or designee if it is determined that the proposed action will not harm the tree.
(D) Unless otherwise authorized in writing by the Streetscape Committee, it shall be unlawful as a normal practice for any person or firm to top any tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Streetscape Committee.
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.
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 38 STREETS AND SIDEWALKS
ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS
DIVISION 2. PERMIT GENERALLY
Sec. 38-47. General requirements and exceptions.
Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection with the erection, construction, removal, relocation or maintenance of any surface, overhead or underground installation, or to cut, trim or spray trees, or to place construction signs or materials if such work, cutting, trimming, spraying or placing is on, under, over or in any way affects the surface or subsurface of any street, lane, alley, right-of-way or easement in the city without first having obtained a permit therefor from the director of engineering or the director's authorized representative; nor shall such work be performed after such permit shall have been revoked by the director of engineering or the director's authorized representative, or by the terms of the permit.
?
(Ord. No. 62, ? 2; Code 1961, ? 36-28; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3134-84)
Sec. 38-49. Application.
(a) Application for a permit required by this division shall be filed in the office of the director of engineering on forms supplied by the city. Such application shall show all required information and be signed by the applicant or the applicant's authorized agent. Such application shall include a description of the work to be done and a sketch showing such work, if required by the director of engineering.
(b) Sketches filed with an application under this section shall show the following:
?
(5) Any tree which is to be removed.
?
(Ord. No. 62, ?? 4, 5, 15, 20; Code 1961, ?? 36-29?36-32; Ord. No. 3051-83; Ord. No. 3111-83, ? 1)
Sec. 38-55. Issuance for cutting, trimming or spraying trees.
The director of engineering may issue a permit under this division for the cutting, trimming or spraying of trees on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued.
(Ord. No. 62, ? 24; Code 1961, ? 36-52; Ord. No. 3051-83; Ord. No. 3111-83, ? 1)
Sec. 38-59. Contents of permits.
Permits issued under this division shall specify the manner and the conditions under which the permitted work shall be done. Unless otherwise specified in the permit, every permit issued shall be deemed to include the following provisions:
?
(7) No tree roots shall be cut to the extent of rendering the tree unsafe and, if possible, tunneling through or under roots instead of cutting anchor roots shall be followed.
?
(Ord. No. 62, ?? 9, 21; Code 1961, ?? 36-36, 36-37; Ord. No. 3051-83; Ord. No. 3111-83, ? 1; Ord. No. 3223-84)
Sec. 38-75. Protection of adjoining property.
The permittee shall at all times 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 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 properly to protect and carry out said work. 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 the property owner, or in the case of public property, the appropriate city department or city official having control of such property.
(Ord. No. 3051-83)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-20. Safeguards during construction work.
For the purposes of safeguarding trees on city-owned property and in the resource protection area and intensely developed area in the Chesapeake Bay Preservation Overlay District in zoning ordinance) (sic) during construction, including pruning, overhead or underground utility, installations and excavations, within the critical root zone, the following conditions shall apply to all trees other than those for which a permit has been issued authorizing removal:
(1) Prior to the commencement of construction, all trees, shrubs and other vegetation on the building site or within the project area shall be inventoried by the applicant or contractor as to species, diameter at breast height (four and one-half (4.5) feet above ground) expressed in inches crown-spread expressed in feet, and location on the lot, and the inventory shall be clearly and accurately shown to scale on a map, drawing, or plat of known scale, and shall be submitted to the bureau of parks and forestry.
(2) Damage to any trees, shrubs and other vegetation during construction shall be immediately reported by the person causing the damage, or the owner, to the city forester, and the applicant shall treat the tree for damage in the manner specified by the director.
(3) Excavations within the critical root zone of any tree, except within the paved roadways and for all emergency repairs to existing underground utilities, shall be done only after consultation with the director and then only to the extent authorized in the permit and in accordance with all controlling arboricultural specifications and standards and city tree protection notes and details.
(4) Unless otherwise allowed by the director, approved protective fencing shall be installed at the crown-spread or critical zone of all trees, shrubs and other vegetation located within the work zone prior to the commencement of any construction activity including mobilization, except for construction activities which limit disturbance to within the paved roadways (from face of curb to face of curb) and for emergency restoration of existing underground utility service, in order to prevent unnecessary damage to the trunk, crown, root system or soil environment.
(5) Whenever excavations, approved through a permit issued by the director, are made within the critical root zone of trees, shrubs and other vegetation appropriate measures as specifically described or referenced in the permit or City of Norfolk tree protection notes and details, shall be taken to protect the root system (roots and rooting environment) from any damage or loss, desiccation, and soil compaction.
(6) Except on improved paved roadways (from face of curb to face of curb), no material of any sort, including, but not limited to, soil, dirt, rock, stone, rubble, bricks, concrete, concrete rinse, mortar mix, asphalt, steel, wood, construction supplies, dredge spoil, fill material, organic wastes, herbicides, oil, gasoline, diesel fuel, chemicals, paint, paint thinners, waste water, construction effluents, or other materials detrimental to trees, shrubs and other vegetation or soil environment, shall be placed within the crown-spread or critical root zone of any tree, shrubs and other vegetation or uphill from such where said substance might reach the roots through a leaching process without a tree permit specifically approving same.
(7) Except on paved roadways and for emergency restoration of existing utility service to original capacity, and for construction projects where a permit has been issued by the director authorizing the use of equipment fundamental to the proposed construction activity within the critical root zone, no vehicles or heavy equipment shall be permitted within the critical root zone of any trees, shrubs and other vegetation.
(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 30 CEMETERIES
ARTICLE II. BLANDFORD CEMETERY
DIVISION 1. GENERALLY
Sec. 30-47. Permit to plant or remove trees or shrubs.
No person shall plant any shade tree or large shrub in any lot in the cemetery or remove any tree or large shrub from such a lot, without first obtaining a permit therefor from the director.
(Code 1981, ? 8-23)
Sec. 30-48. Permit for trimming trees.
No person shall trim, prune or remove any branches from any tree in the cemetery, whether on his lot or plot or not, without having first obtained a permit therefor from the director.
(Code 1981, ? 8-24)
Sec. 30-50. - Removal of nuisances.
(a) If anything deemed offensive, improper or injurious or which violates any rules shall be deposited or placed on any lot or plot in the cemetery, the director shall remove it without notice.
(b) The director may remove from the cemetery any tree, vine, brush or shrub that is unsightly, dangerous or infected with fungi or other pests.
(Code 1981, ? 8-26)
Cross reference? Nuisances, ? 50-61 et seq.
Secs. 30-51?30-65. - Reserved.
Petersburg City Code View whole ordinance
Chapter 50 ENVIRONMENT
ARTICLE III. NUISANCES
Sec. 50-63. Detrimental or excessively high growths of weeds or other vegetable matter.
(a)
(1) The existence of any weeds, bushes, grass or other vegetable matter upon any land or premises in the city which is detrimental to the health, comfort or general welfare of any of the inhabitants of the city or which exceeds a height of 12 inches is hereby declared a nuisance.
(2) No owner of any lot or parcel of land shall permit to grow or remain 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, or in the case of trees, when the dead limbs, trunks, or branches are likely to fall into or across such street or sidewalk, thereby endangering such persons and vehicles.
?
(Code 1981, ? 21-56; Ord. No. 11-97, 9-20-2011; Ord. No. 14-47, 5-20-2014)
State Law reference? Authority for above section, Code of Virginia, ?? 15.2-901, 15.2-1115.
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 36 VEGETATION
ARTICLE I. IN GENERAL
Sec. 36-1. Violations of chapter.
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a class 3 misdemeanor.
(Code 1988, ? 36-1)
Cross reference? Penalty for class 3 misdemeanor, ? 1-11.
Sec. 36-2. Trimming of trees or other plants overhanging right-of-way.
It shall be the duty of any person who owns or occupies any property on which are situated any bushes, shrubs, trees or other plants that overhang any public right-of-way to keep such bushes, shrubs, trees and other plants trimmed so that such overhanging projections shall in no way impede or interfere with the free public passage along such right-of-way. Any person violating any provision of this section shall, in addition to any penalty imposed for the violation, be liable to the city for any expense incurred by the city in having such bushes, shrubs, trees and other plants trimmed in conformity herewith.
(Code 1973, ? 32-13; Code 1988, ? 36-2)
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE II. TREES AND SHRUBS ON CITY PROPERTY
Sec. 36-31. Impeding entrance of air and water to roots.
No person shall, without a permit from the director, place or maintain upon city property any stone, cement or other substance which might impede the free entrance of water and air to the roots of any tree or shrub on such property, without leaving an open space of ground outside the trunk of such tree or shrub. Such open space shall be not less than four square feet in area.
(Code 1973, ? 36-5; Code 1988, ? 36-31)
Sec. 36-32. Protection from electrical wires.
Every person having any wires charged with electricity running through or over a public street or park or other city property shall securely fasten or protect such wires so that they will not come in contact with any tree or shrub or such street or property, and shall so locate and affix such wires as not to cause damage to any such tree or shrub.
(Code 1973, ? 36-7; Code 1988, ? 36-32)
Sec. 36-33. Protection during building operations.
In the erection or repair of a building or structure, the owner thereof shall place such guards around all nearby trees and shrubs on the streets as shall effectually prevent injury to them.
(Code 1973, ? 36-6; Code 1988, ? 36-33)
Cross reference? Building regulations, ch. 7.
Sec. 36-34. Protection from animals.
No person shall fasten an animal to a tree or shrub located on city property or cause an animal to stand so that it can damage such tree or shrub.
(Code 1973, ? 36-8; Code 1988, ? 36-34)
Cross reference? Animals generally, ch. 4.
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:
?
(3) Trees or parts thereof in danger of falling onto buildings, structures, vehicles or any public right-of-way;
?
(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).
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)
Suffolk City Code View whole ordinance
Chapter 34 ENVIRONMENT
ARTICLE V. NUISANCES
Sec. 34-143. Certain nuisances enumerated.
(a) The following acts when committed, or conditions when existing, within the city are defined and declared to be nuisances:
?
(3) All trees and other appendages of or to realty kept or maintained or which are permitted by any person owning or having control to be kept or maintained in a condition unsafe, dangerous, unhealthy or injurious to the public.
?
?
(Code 1976, ? 17-3)
Suffolk Development Ordinance View whole ordinance
Unified Development Ordinance
ARTICLE 6 DESIGN AND IMPROVEMENT STANDARDS
SEC. 31-612. STREET IMPROVEMENT STANDARDS.
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(c) STREET CLASSIFICATION.
?
Collector. Collectors serve as a long-distance, medium-speed vehicular corridor which traverses an urbanized area. It is usually lined by wide sidewalks, or side medians planted with trees. Center medians may be continuously planted or have trees in individual planting areas. Buildings uniformly line the edges. Option 1 is designed to provide a relatively high-volume entryway to a proposed development. Option 2 provides for parking on one side of the street, provides a lower volume link between internal centers, and may be used to maintain scenic views. Option 3 allows for parking on both sides of the streets and provides a link between external description and internal centers.
Main Street (Minor Collector). The main street serves as a small-scale, low-speed connector. Main streets provide frontage for high-density buildings such as offices (zoning district O-I), shops (zoning districts B-1 and B-2), and apartment buildings, rowhouses and other multi-family dwellings (zoning districts RC, RU and Rowhouse land use category of a TND). A main street is also appropriate for the CBD or VC zoning districts or the Town Center of a TND. A main street is urban in character, with raised curbs, closed drainage, wide sidewalks, parallel parking, trees in individual planting areas, and buildings aligned on short setbacks.
Local Streets (Urban). The local street serves as a small-scale, low-speed connector. Local streets provide frontage for medium-to-low-density residential buildings such as detached homes and duplexes. A local street is urban in character, with raised or rolled curbs, closed drainage, sidewalks, occasional parallel parking on one side, trees in continuous planting areas, and buildings aligned on medium setbacks. Local Streets are pedestrian-oriented in character with sidewalks and parallel parking. Parking may be restricted, for example, to one side of the street to define an edge between parks and open space. This street design is appropriate in most residential zoning districts, such as RL, RLM, RM, RC, and RU, as well as for multi-family and residential development on lots not exceeding 10,000 square feet in mixed use districts such as CBD, VC, PD, and TND district or TND option developments.
Rural Roads. The rural road serves as a small-scale, low-speed connector. Rural roads provide frontage for low-density residential buildings such as rural residential, and rural estate zoning. A rural road is rural in character, with raised or rolled curbs, closed drainage, trees in continuous planting areas, and buildings aligned on medium setbacks.
?
(i) RIGHT-OF-WAY WIDTHS.
(1) GENERALLY. Minimum roadway widths shall comply with the Street Pattern specifications of Subsection ? of this Section and the PFM, or if no specification is provided, with 24 VAC ? 30-90-380. However, where local street capacity is needed to accommodate the LOS standard prescribed in ? 31-601, capacity shall be provided in the form of cross-streets and diverter roads rather than through the addition of additional roadway lanes.
(2) HAMLET OR TND MODIFICATIONS. In order to promote development patterns which support pedestrian activity and which minimize stormwater runoff, a Decisionmaker shall not approve a subdivision plat or site plan with right-of-way or pavement widths which do not comply with this Subsection unless:
A. The proposed development is certified by the Director as a TND or Hamlet option, or is submitted pursuant to a TND zoning district; and
B. The pavement width requirements of this Subsection and 24 VAC ? 30-90-380 would preclude:
?
(iii) The establishment of street trees consistent with the Landscaping Standards of this Ordinance.
?
(m) TRAFFIC VISIBILITY STANDARDS. A Traffic Visibility Zone shall be maintained on each corner of property at the intersection of streets. Material impediment to visibility is defined as any impediment which might conceal a child on a bicycle from a driver approaching the intersection.
(1) PROHIBITED OBSTRUCTIONS. A Traffic Visibility Zone shall contain no fence, structure, earth bank, hedge, planting, wall or other obstruction between a height of two and one-half (2?) feet and nine feet above the property line grade as established by the Director of Public Works. The following are exempted from this provision:
?
B. Trees trimmed (to the trunk) to a height at least nine feet above the level of the intersection.
?
?
Virginia Beach City Code View whole ordinance
Chapter 23 OFFENSES
ARTICLE I. MISCELLANOUS OFFENSES
Sec. 23-39. Cutting, etc., of trees, shrubs or other vegetation upon city property.
(a) It shall be unlawful and a Class 3 misdemeanor for any person to cut, trim, damage, deface or remove any tree, shrub or other vegetation upon city property, or to cause, procure or direct the cutting, trimming, damaging, defacing or removal of any such tree, shrub or other vegetation, without the written authorization of the landscape services administrator or the city arborist. If any person shall commit any of the acts prohibited herein upon more than one tree or shrub, a separate violation of this section shall be deemed to have occurred with respect to each such tree or shrub.
(b) The provisions of this section shall not apply to any cutting or trimming of vegetation required by section 23-50 of this Code or to routine trimming of shrubbery upon city property, and shall not apply to city personnel engaged in the performance of their duties.
(Ord. No. 1837, 3-20-89; Ord. No. 2936, 4-4-06; Ord. No. 3122, 3-23-10)
Editor's note? Ord. No. 2936, adopted April 4, 2006, repealed former ? 23-39 of the Code in its entirety and renumbered former ? 23-39.1 as ? 23-39. Former ? 23-39 pertained to damaging or defacing property in or on streets, lanes or public squares and derived from the 1965 Code, ? 23-28.
Sec. 23-50.1. Removal of certain trees.
(a) Upon determination by the code enforcement administrator or the city arborist, or the officers or employees of their respective departments, that there exists upon any land or premises within the city any tree which, by reason of disease, death, injury, infirmity or other condition, presents a danger to property or to the health and safety of persons or other trees or vegetation, notice shall be served upon the owner of such land or premises or his or her agent or upon the occupant thereof to cause such tree to be removed within a reasonable period of time, not less than seven (7) days nor more than thirty (30) days, specified in such notice. If the danger presented by such tree may be eliminated by the removal of a portion of such tree, the notice shall specify the portion or portions of the tree to be so removed. For purposes of this section, the term "tree" shall be cons1d to include the plural of the term.
(b) Service of the notice provided for herein shall be by personal service or by certified or registered mail. In the event the land or premises are vacant and the owner thereof or his or her agent cannot be found by the exercise of due diligence, such notice shall be given by certified or registered mail to the last-known residence or post office box address of the owner and, in addition thereto, shall be posted in a conspicuous place upon the premises. Service of such notice upon one owner or occupant in any manner provided for herein shall be sufficient in the event such land or premises is owned or occupied jointly.
(c) Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed by such notice shall be punishable as a Class 4 misdemeanor. In addition to any fine imposed hereunder, the code enforcement administrator may, in the name of the city, institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of any such tree or portion thereof, in which event the cost of such removal, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be charged to the person or persons named in the notice and collected by action at law or as delinquent real estate taxes are collected, or both. The remedies provided for herein shall be cumulative in nature.
(d) The provisions of this section shall not amply to any parcel of land greater than one acre in size which is located in an agricultural zoning district and used principally for agricultural or horticultural purposes.
(Ord. No. 1675, 4-13-87; Ord. No. 1919, 10-2-89; Ord. No. 1931, 10-23-89; Ord. No. 2130, 5-12-92; Ord. No 2469, 1-13-98; Ord. No. 3015, 5-13-08)
Virginia Beach City Code View whole ordinance
Chapter 33 STREETS AND SIDEWALKS
ARTICLE I. IN GENERAL
DIVISION 2 PERMIT GENERALLY
Sec. 33-59. Issuance for cutting, trimming or spraying trees or shrubs.
The city manager or his designee my issue a permit under this division for the cutting, trimming or spraying of trees or shrubs on a street only when such work is fully justified in the public interest. Such work shall be done only in a manner prescribed in the permit so issued as directed by the city arborist or the superintendent of landscape services. Any bush, shrub, tree, vegetation, fence, wall, berm, landscape screening or the like, which obscures, hinders or creates visibility obstruction for vehicles entering a street from another street or from a driveway shall be trimmed, relocated, adjusted or removed, whichever action is deemed appropriate or necessary for traffic safety by the traffic engineer's office. For failure to remove, trim, relocate or adjust such item within fourteen (14) days after written notice from the traffic engineer, the city will cause such work to be accomplished at the expense of the owner in question.
(Code 1965, ? 32-41; Ord. No. 1078, 8-18-80; Ord. No. 2073, 6-25-91)
DIVISION 3. - PERMIT, INSPECTION AND GUARANTEE FEES
Sec. 33-71. - Schedule.
(a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or not required in accordance with the following schedule:
?
Type of Project Permit
Fee Inspection
Fee Minimum
Guarantee
Fee
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(3) Cutting, trimming or spraying trees or shrubs
- Permit fee: $100.0
- Inspection fee: $500
- Minimum Guarantee fee: $25.00
?
?
(Code 1965, ? 32-49; Ord. No. 1869, 5-15-89; Ord. No. 2073, 6-25-91; Ord. No. 2377, 3-26-96; Ord. No. 2633, 5-15-01; Ord. No. 2808, 5-11-04; Ord. No. 2876, 5-10-05; Ord. No. 3021, 5-13-08)
Waynesboro City Code View whole ordinance
Chapter 90 VEGETATION
ARTICLE II. PUBLIC TREES
Sec. 90-28. Obstruction.
(a) Duty of occupant. It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees or other vegetation, to prune such trees or vegetation in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct views of any street or alley intersection. Suggested minimum clearance of any overhanging portion thereof shall be ten feet over sidewalks and 12 feet over all streets except truck thoroughfares which shall have a clearance of 16 feet.
(b) Notice to prune. Should any person owning real property bordering on any street fail to prune trees, the department of public works with advice from the city horticulturist shall order such person within 14 days after receipt of written notice to so prune such trees.
? Service of order. The order required in this section shall be served by mailing a copy of the order by certified mail to the last-known address of the property owner.
(d) Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, the city may prune such trees, and the exact cost thereof shall be recoverable from such person so failing to comply through the city property taxes and/or filed as a lien against the real estate.
(Code 1964, ? 29-3; Ord. No. 2007-41, 5-29-07)
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.