                                 CODE OF VIRGINIA

LOCALITY MAY PROVIDE FOR REMOVAL OR DISPOSAL OF TRASH AND CLUTTER, CUTTING OF
GRASS, WEEDS, AND RUNNING BAMBOO; PENALTY IN CERTAIN COUNTIES; PENALTY (§
15.2-901)

A. Any locality may, by ordinance, provide that:

   1. The owners of property therein shall, at such time or times as the
   governing body may prescribe, remove therefrom any and all trash, garbage,
   refuse, litter, clutter, except on land zoned for or in active farming
   operation, and other substances that might endanger the health or safety of
   other residents of such locality, or may, whenever the governing body deems it
   necessary, after reasonable notice, have such trash, garbage, refuse, litter,
   clutter, except on land zoned for or in active farming operation, and other
   like substances that might endanger the health of other residents of the
   locality removed by its own agents or employees, in which event the cost or
   expenses thereof shall be chargeable to and paid by the owners of such
   property and may be collected by the locality as taxes are collected. For
   purposes of this section, &#8220;clutter&#8221; includes mechanical equipment,
   household furniture, containers, and similar items that may be detrimental to
   the well-being of a community when they are left in public view for an
   extended period or are allowed to accumulate.

   2. Trash, garbage, refuse, litter, clutter, except on land zoned for or in
   active farming operation, and other debris shall be disposed of in personally
   owned or privately owned receptacles that are provided for such use and for
   the use of the persons disposing of such matter or in authorized facilities
   provided for such purpose and in no other manner not authorized by law.

   3. The owners of occupied or vacant developed or undeveloped property therein,
   including such property upon which buildings or other improvements are
   located, shall cut the grass, weeds, and other foreign growth, including
   running bamboo as defined in &#xA7; 15.2-901.1, on such property or any part
   thereof at such time or times as the governing body shall prescribe, or may,
   whenever the governing body deems it necessary, after reasonable notice as
   determined by the locality, have such grass, weeds, or other foreign growth
   cut by its agents or employees, in which event the cost and expenses thereof
   shall be chargeable to and paid by the owner of such property and may be
   collected by the locality as taxes are collected. For purposes of this
   provision, one written notice per growing season to the owner of record of the
   subject property shall be considered reasonable notice. No such ordinance
   adopted by any county shall have any force and effect within the corporate
   limits of any town. No such ordinance adopted by any county having a density
   of population of less than 500 per square mile shall have any force or effect
   except within the boundaries of platted subdivisions or any other areas zoned
   for residential, business, commercial, or industrial use. No such ordinance
   shall be applicable to land zoned for or in active farming operation. However,
   in any locality located in Planning District 6 or in Planning District 22, no
   such ordinance shall be applicable to land zoned for agricultural use unless
   such lot is one acre or less in area and used for a residential purpose. In
   any locality within Planning District 23, such ordinance may also include
   provisions for cutting overgrown shrubs, trees, and other such vegetation.

   4. The owners of any land, regardless of zoning classification, used for the
   interment of human remains shall cut the grass, weeds, and other foreign
   growth, including running bamboo as defined in &#xA7; 15.2-901.1, on such
   property or any part thereof at such time or times as the governing body shall
   prescribe, or may, whenever the governing body deems it necessary, after
   reasonable notice as determined by the locality, have such grass, weeds, or
   other foreign growth cut by its agents or employees, in which event the cost
   and expenses thereof shall be chargeable to and paid by the owner of such
   property and may be collected by the locality as taxes are collected. For
   purposes of this provision, one written notice per growing season to the owner
   of record of the subject property shall be considered reasonable notice. No
   such ordinance shall be applicable to land owned by an individual, family,
   property owners&#8217; association as defined in &#xA7; 55.1-1800, or church.

B. 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 real
estate taxes and enforceable in the same manner as provided in Articles 3
(&#xA7; 58.1-3940 et seq.) and 4 (&#xA7; 58.1-3965 et seq.) of Chapter 39 of
Title 58.1. A locality 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.

C. The governing body of any locality may by ordinance provide that violations
of this section shall be subject to a civil penalty, not to exceed $50 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.
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 in a 12-month period or, in the case of
property that is zoned or utilized for industrial or commercial purposes, $6,000
in a 12-month period.

D. Except as provided in this subsection, adoption of an ordinance pursuant to
subsection C shall be in lieu of criminal penalties and shall preclude
prosecution of such violation as a misdemeanor. The governing body of any
locality may, however, by ordinance provide that such violations shall be a
Class 3 misdemeanor in the event three civil penalties have previously been
imposed on the same defendant for the same or similar violation, not arising
from the same set of operative facts, within a 24-month period. Classifying such
subsequent violations as criminal offenses shall preclude the imposition of
civil penalties for the same violation.

HISTORY: Code 1950, § 15-14; 1962, cc. 400, 623, § 15.1-11; 1964, c. 31; 1968,
c. 423; 1974, c. 655; 1978, c. 533; 1983, cc. 192, 390; 1990, c. 177; 1992, c.
649; 1994, c. 167; 1997, c. 587; 1999, c. 174; 2000, c. 740; 2001, c. 750; 2003,
c. 829; 2006, c. 275; 2009, c. 446; 2010, cc. 161, 403, 641; 2011, cc. 542, 695;
2012, cc. 311, 403, 430, 431; 2013, cc. 189, 490, 508; 2014, cc. 383, 384, 385;
2017, cc. 118, 213, 392, 610; 2020, cc. 13, 136, 399, 597; 2021, Sp. Sess. I, c.
125; 2023, c. 724; 2024, c. 731.