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County Code Section 20-30: Proposed Amendments. Tyler C. Southall, County Attorney. History – Why Tall Grass?. Last year, citizens complained about tall grass in neighborhoods.
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County Code Section 20-30: Proposed Amendments Tyler C. Southall, County Attorney
History – Why Tall Grass? • Last year, citizens complained about tall grass in neighborhoods. • Under Section 20-30 of the County Code, tall grass (> 12 inches) could be cut by County if on a vacant lot, but not if on an occupied lot. • BOS members asked what could be done about tall grass on occupied lots. • Bottom line was that unless tall grass was a nuisance, County could not do anything about tall grass on occupied lots.
History – Board Direction • Nothing under current County Code could be done, but County Attorney’s Office did tell BOS that some jurisdictions had received permission from General Assembly to set a height limit on vacant and occupied properties alike. • BOS asked General Assembly to add Dinwiddie to the list of jurisdictions that could set a grass height limit on occupied property. • The General Assembly granted the BOS’s request.
History – Board Input • At the May BOS workshop, the proposed tall grass ordinance was discussed. • The BOS asked that there be exceptions for rural and agricultural parts of the county. The ordinance will not apply to land that is: • not in a platted subdivision, • zoned A-2, • zoned R-R, • bona-fide farmland, or • wooded areas of land in their natural state. • The BOS asked that the ordinance go forward.
Summary of Current Ordinance • Owners of unoccupied properties meeting any of the following characteristics are required to keep their grass no taller than 12 inches: • Within the boundaries of a platted subdivision • Any residential zoning • Any commercial zoning • Any industrial zoning • If grass taller than 12 inches, owner has 10 days from receipt of written notice sent to last known address of owner of record to cut grass.
Summary of Current Ordinance, Cont’d. • If the owner fails to cut the grass within the 10 day period after written notice is given by the County, then County may cut the grass. • The County may impose a lien against the property for the expense of cutting the grass. • Violation of the ordinance can be prosecuted as a Class 4 misdemeanor. A Class 4 misdemeanor is the least serious misdemeanor and is punishable by a $250 fine. • To Staff’s knowledge, no one has ever been charged with a Class 4 misdemeanor for violation.
What Power Did the New Law Give Dinwiddie County? • At the request of the Board of Supervisors, Dinwiddie County was added to the list of localities that can now set a maximum height for grass on occupied lots. That list now includes: • Dinwiddie, Prince George, Colonial Heights, Hopewell, James City County, Williamsburg, Newport News, Hampton, Winchester, Ashland, Chincoteague, and all localities within Planning District 8 (Northern Virginia). • The new law also states that only one written notice per growing season shall be required to each property owner.
Proposed Changes to Dinwiddie Code Section 20-30 • Delete word vacant. • This would make Section 20-30 apply to both occupied and vacant property as well as undeveloped property. • List of zoning areas Section 20-30 would apply to. • Proposal is to narrow covered areas to R-1, R-1A, R-2, R-U, and RR-1 land within a platted subdivision as well as land zoned commercial or industrial. This would remove residential land not within a platted subdivision and R-R zoned land.
Proposed Changes to Dinwiddie Code Section 20-30 • Exceptions where tall grass/weeds are allowed? • At BOS request, bona-fide farmland and certain wooded areas are included as exceptions. • Only one written notice would be required per growing season. • “Landowner” would be changed to “owner of record” to be consistent with state law.
Proposed Changes to Dinwiddie Code Section 20-30 • The cost of removal and disposal will no longer be chargeable to the lien holder, as this does not appear to be permitted by state law. • A typo is being fixed: Section 58.1-3956 is being changed to 58.1-3865.
