§ 20-4. Sanitary nuisances generally.

(a)

It shall be the duty of the director of public health to have made frequent inspections of all parts of the city for the detection and abatement of sanitary nuisances. It shall be the director's duty and the director is hereby vested with authority to cause to be abated any and all conditions in the city which constitute a nuisance or are detrimental to the public health and, when necessary, to institute legal proceedings therefor and for the recovery of the expense incurred by the city in abating any nuisance.

(b)

When any person shall be in possession of any property, or have charge thereof within the city, as executor, administrator, trustee, guardian or agent, such person shall be deemed, for the purpose of this section, to be the owner of such property, and shall be bound to obey all orders of the director of public health in regard to nuisances, sanitation or other matters, so far as the same may affect such property, in the same manner, and subject to the same penalties and fines, as if such person were actually the owner of such property, and notice to such person shall be deemed to be sufficient.

(c)

Whenever it shall come to the knowledge of the director of public health that there exists upon any land or premises in the city any nuisance or other offensive or unwholesome matter, it shall be the duty of the director to serve notice on the person who placed the matter or created the nuisance, or if such person cannot be ascertained, upon the renter or lessee, and if there be more than one (1) renter or lessee, then upon all the renters or lessees, of the land or premises, or if unoccupied, upon the owner thereof, to cause such nuisance to be abated or such matter to be removed from such land or premises within the period of time designated in such notice, or the same will be done by the city at the expense of such person or of the occupant or of the owner, as the case may be. When such land or premises is unoccupied, such notice shall be served upon the owner thereof, if a resident of the city, and if not, then upon the owner's agent in charge thereof. In case no such owner or occupant or other person can be found on whom to serve the notice, the director is authorized to give notice by publication for five (5) days in one (1) of the newspapers of the city.

(d)

Any such person creating or any such occupant, or the owner of such land or premises, if unoccupied, who shall fail to cause such abatement or the removal of such matter within the time specified in such notice, shall be guilty of a Class 4 misdemeanor and each day such nuisance or matter shall be permitted to remain upon such land or premises, after the expiration of the time specified in the notice, shall be deemed to constitute a separate offense under this section.

(e)

If such nuisance or matter remains on any such land or premises after the expiration of the time specified in the notice, the director of public health shall cause the same to be abated or removed therefrom, at the expense of the person causing the condition, or of the occupant or owner of such land or premises, as the case may be, and such expense shall be collected as fines are collected, or by suit or other legal procedure instituted by the city attorney when a statement of the expense has been furnished the attorney by the director of public health. The director of public health shall furnish the city attorney with a statement of expense in all such cases.

(Ord. No. 257, §§ 2—4; Code 1961, §§ 21-1—21-3)

State Law reference— General authority of city to compel abatement or removal of nuisances, Code of Virginia, § 15.2-1115.

(Ord. No. 257, §§ 2—4; Code 1961, §§ 21-1—21-3)

State law reference

General authority of city to compel abatement or removal of nuisances, Code of Virginia, § 15.2-1115.