                                 CODE OF VIRGINIA

AUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF WHARVES, PIERS, PILINGS,
BULKHEADS, VESSELS OR ABANDONED, OBSTRUCTING OR HAZARDOUS PROPERTY (§ 15.2-909)

Any locality may by ordinance provide:

1. The owners of property therein shall at such time or times as the governing
body may prescribe, remove, repair or secure any vessel which has been abandoned
or any wharf, pier, piling, bulkhead or any other structure or vessel which
might endanger the public health or safety of other persons, or which might
constitute an obstruction or hazard to the lawful use of the waters within or
adjoining such locality. If such property is deemed to be abandoned, the
governing body may designate and empower an official to ascertain the lawful
owner of such property and to have the owner repair, remove or secure such
property;

2. The locality, through its own agents or employees, may remove, repair or
secure any vessel which has been abandoned or any wharf, pier, piling, bulkhead,
or other structure or vessel which might endanger the public health or safety of
other persons or which might constitute a hazard or obstruction to the lawful
use of the waters within such locality, if the owner of such property, after
reasonable notice and reasonable time to do so, has failed to remove, repair or
secure such wharf, pier, piling, bulkhead or other structure or vessel;

3. In the event the locality, through its own agents or employees removes,
repairs or secures any wharf, pier, piling, bulkhead or other structure or
vessel after complying with the notice provisions of this section, the cost or
expenses thereof shall be chargeable to and paid by the owners of such property
and to the extent applicable may be collected by the locality as taxes are
collected;

4. If the identity or whereabouts of the lawful owner is unknown or not able to
be ascertained after a reasonable search and after lawful notice has been made
to the last known address of any known owner, the locality, through its own
agents or employees, may repair such wharf, pier, piling, bulkhead or other
structure or vessel or remove such property after giving notice by publication
twice in a newspaper of general circulation in the area where such property is
located, with the first notice appearing no more than 28 days before and the
second notice appearing no less than seven days before proceeding with repair or
removal;

5. Every charge authorized by this section with which the owner of any such
property has been assessed and which remains unpaid, to the extent applicable,
shall constitute a lien against the owner&#8217;s real property, and such lien
shall be recorded in the judgment lien docket book in the circuit court for such
locality. Such lien may also be reduced to a personal judgment against the
owner.

HISTORY: 1976, c. 449, § 15.1-11.3; 1997, cc. 548, 587; 2024, cc. 225, 242.