§ 26-125. Effect of noncompliance with notice.

(a)

Upon the failure of any person to whom notice has been given, pursuant to section 26-124, to comply with the terms of such notice or with the terms imposed by the town council on appeal, as the case may be:

(1)

The town may cause a complaint to be made to the circuit court of the county, setting forth the existence of a public or common nuisance. A special grand jury will investigate such complaint. As provided in Code of Virginia, § 48-1 et seq., the person responsible for such nuisance may be fined up to $10,000.00 and may be ordered by the court to remove and abate the nuisance forthwith.

(2)

The town, in addition to the penalty imposed for the violation of this Code, may maintain an action to enjoin the continuing violation thereof by proceedings for an injunction brought as authorized in Code of Virginia, § 15.2-1432.

(3)

The council may maintain an action to compel the responsible party to abate, raze or remove the public nuisance, as authorized in Code of Virginia, § 15.2-900, or any other provision of law.

(4)

The town may require abatement of the nuisance under the power of a warrant.

(5)

The officer giving notice under this division may forthwith direct the appropriate town officer to remedy or remove the condition which is the subject of such notice, and the expense incurred by the town in so doing shall be charged to the addressee of such notice, to be collected as town taxes or in any other manner authorized by law.

It is provided, however, that nothing in this section shall obligate the town to use town funds or other town resources to abate such a nuisance.

(b)

Abatement by the town of any condition which constitutes a nuisance and reimbursement to the town of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance.

(Code 1992, § 14-25)

Charter reference— Power of town council to compel the abatement and removal of all nuisances within the town at the expense of the person causing the nuisance or the owner or occupant of the ground or premises wherein the nuisance may be found, and to require all lands and lots and other premises within the town to be kept clean and sanitary and free from stagnant water, weeds, filth and unsightly deposits, and generally to define, prohibit, abate and suppress and prevent all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants, § 26.

State Law reference— Town may provide for removal of trash, garbage, etc., weeds and other foreign growth, Code of Virginia, § 15.2-901; prevention of disease caused by garbage and refuse, Code of Virginia, § 15.2-927; compelling the abatement or removal of nuisances, Code of Virginia, § 15.2-1115; regulation of disposal of garbage and refuse, Code of Virginia, § 15.2-927 et seq.

(Code 1992, § 14-25)

State law reference

Town may provide for removal of trash, garbage, etc., weeds and other foreign growth, Code of Virginia, § 15.2-901; prevention of disease caused by garbage and refuse, Code of Virginia, § 15.2-927; compelling the abatement or removal of nuisances, Code of Virginia, § 15.2-1115; regulation of disposal of garbage and refuse, Code of Virginia, § 15.2-927 et seq.

Charter reference

Power of town council to compel the abatement and removal of all nuisances within the town at the expense of the person causing the nuisance or the owner or occupant of the ground or premises wherein the nuisance may be found, and to require all lands and lots and other premises within the town to be kept clean and sanitary and free from stagnant water, weeds, filth and unsightly deposits, and generally to define, prohibit, abate and suppress and prevent all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants, § 26.