Sec. 13-1. - Notice of order to abate violations of chapter and zoning ordinance.

The director of codes compliance, any person authorized by the director of codes compliance and any person assigned to the department of codes compliance who has been appointed as a special conservator of the peace and has been given the duty to enforce the regulations set forth in this chapter and in the zoning ordinance set forth in the City Code shall have the authority to serve a written notice of violation and to order the abatement of such violation. Such written notices of violation and orders to abate violations of this chapter and the zoning ordinance shall be served by delivering a copy to the person by mail to the last known post office address, or by delivering it in person, or by delivering it to and leaving it in the possession of any person in charge of the premises, or by posting it in a conspicuous place at the entrance door or access way if such persons cannot be found on the premises. Such special conservators of the peace are each hereby granted the authority to issue a summons to the general district court to any person in the city who shall fail to obey a lawful order contained in such notice of violation or order to abate such violations. Such special conservators of the peace are further authorized to issue a civil summons or other civil process to any person in the city who shall fail to obey a lawful order contained in such notice of violation or order to abate such violations for those violations specifically identified as civil violations in this chapter.

(Ord. No. 5365-99; Ord. No. 5948-03, § 1)

Sec. 13-2. - General penalty for violations of chapter.

(a)

It shall be unlawful for any owner or any other person, firm or corporation, to violate any of the provisions of this chapter. Unless otherwise provided, any such violation shall be deemed a misdemeanor and any owner or any other person, firm or corporation convicted of such a violation shall be punished by a fine of not more than two thousand five hundred dollars ($2,500.00); additionally, each day the violation continues, after conviction or the court ordered abatement period has expired, shall constitute a separate offense. If the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the City Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense under this chapter, after having been at least twice previously convicted, shall be punished by confinement in jail for not more than ten (10) days and a fine of two thousand five hundred dollars ($2,500.00). No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense under this chapter shall be suspended.

(b)

Any owner or any other person, firm or corporation violating any provisions of the building code relating to the removal of the covering of lead-base paint which poses a hazard to the health of pregnant women and children under the age of six (6) years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than two thousand five hundred dollars ($2,500.00). If the court convicts pursuant to this subsection and sets a time by which such hazard must be abated, each day the hazard remains unabated after the time set for the abatement has expired shall constitute a separate violation of the City Code.

(c)

The imposition of a penalty for a violation of this chapter or any lawful order issued hereunder shall not preclude the city attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation or prevent illegal occupancy of a building, structure or premises, or stop an illegal act, conduct, business or use of a building or structure in or about any premises.

(d)

As an alternative to the criminal penalties provided in this chapter, and in addition to any other remedy allowed by law, the following violations of this chapter and the International Property Maintenance Code, as amended, or any successor thereto, are hereby declared to be civil violations and are subject to the schedule of civil penalties provided for in subsection (e) of this section:

(1)

Violations of section 13-150 of this chapter.

(2)

Violations of section 13-180 of this chapter.

(3)

Violations of section PM-302.4 of the International Property Maintenance Code.

(4)

Violations of section PM-305.1 of the International Property Maintenance Code.

(e)

Any person who, having been served with a notice of violation to abate or remedy a violation of a kind provided in subparagraph (d) of this section, shall fail to comply with such order within ten (10) days after such service or shall continue the violation with respect to the violation named in such notice shall be subject to a civil penalty of one hundred dollars ($100.00) for the initial summons or violation, and one hundred fifty dollars ($150.00) for each additional summons or violation. Each day during which the violation is found to have existed shall constitute a separate offense. Specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of three thousand dollars ($3,000.00). Utilization of the civil penalty provided by this subsection shall preclude criminal sanctions for the same offense.

(Ord. No. 5365-99; Ord. No. 5490-00, § 1; Ord. No. 5948-03, § 1; Ord. No. 5975-03, § 1)

Sec. 13-3. - Disconnection of electric or gas supply in emergencies and in cases of defective wiring, piping or equipment.

(a)

In case of fire, natural disaster or other emergency, the director of codes compliance or such director's authorized representative, or any officer of the police or fire department shall have the authority to order a public utility company to disconnect its electric or gas supply lines to any building or premises.

(b)

If any existing electrical wiring or equipment in or upon any building or premises in the city is found hazardous, defective or unsafe by any electrical inspector, such inspector shall give a written notice to the property owner enumerating the deficiencies and stating the time allowed to correct same. If upon reinspection at the end of the stated time period, the electrical system deficiencies have not been corrected, the electrical inspector shall order the electrical service to be disconnected under the authority contained in this section. Such order shall not bar any prosecution for failing to comply with a lawful order to correct the electrical system.

(c)

If any existing consumer's gas piping or gas burning equipment in or upon any building or premises in the city is found hazardous, defective or unsafe by any mechanical inspector, such inspector shall give a written notice to the property owner enumerating the deficiencies and stating the time allowed to correct same. If upon reinspection at the end of the stated time period, the gas system deficiencies have not been corrected, the mechanical inspector shall order the gas service to be disconnected under the authority contained in this section. Such order shall not bar any prosecution for failing to comply with a lawful order to correct the gas system.

(d)

It shall be the duty of the public utility company holding a franchise granted by the city to disconnect any building or premises from its electrical or gas supply lines upon an order issued under the provisions of this section. It shall be the further duty of such company to have a competent employee on duty at all times, who shall promptly proceed to disconnect electrical or gas services upon issuance of such an order.

(Ord. No. 5365-99)

Sec. 13-4. - Definitions.

The following definitions shall be applicable to the provisions of this chapter:

(a)

Board means the board of appeals as provided in this chapter.

(b)

Boarding up means covering entirely all window, door and similar openings with a minimum of three-eighths (⅜) inch thick exterior plywood, fitted into said openings, and secured by nails, screws or other approved devices. All coverings shall be provided with a protective coat of paint or other approved weather resistant material which is consistent with the exterior color scheme of the building.

(c)

Building code means the Virginia Uniform Statewide Building Code, as amended.

(d)

City Code means the Code of Ordinances of the City of Newport News, Virginia.

(e)

Codes compliance administrator means the director of the department of codes compliance.

(f)

Corner lot means a lot abutting upon two (2) or more streets at their intersection, the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.

(g)

Decorative fence means a fence that is designed as an ornament, embellishment or decoration to the property although it may incidentally provide some measure of privacy or security, such as split rail and wrought iron fences.

(h)

Director means the director of the department of codes compliance as well as city employees, agents and other assignees who assist the director to in performing the duties and authority assigned and delegated to the department of codes compliance.

(i)

Fence means a physical structure commonly attached to the ground or a building which is made of wood, rock, metal, or other natural or synthetic material, and which is intended to delineate a boundary line, property line, access line or other desired demarcation, or to provide a decorative effect to the property.

(j)

Front yard means open land area extending across the full width of a lot and lying between the front lot line and the principle structure(s).

(k)

Inoperative motor vehicle means any motor vehicle which is not in operating condition; or that does not display valid license plates; or which does not display an inspection decal which is valid or does display an inspection decal that has been expired for more than sixty (60) days.

(l)

Inoperative trailer or semitrailer means any trailer or semitrailer which is not in operating condition; or that does not display valid license plates; or which does not display an inspection decal which is valid or does display an inspection decal that has been expired for more than sixty (60) days.

(m)

Motor vehicle means every vehicle which is self-propelled or designed for self-propulsion except as otherwise provided in this chapter. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. For the purposes of this title, any device herein defined as a bicycle or a moped shall be deemed not to be a motor vehicle.

(n)

Owner means the holder of title in fee simple; and/or any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who alone or jointly or severally with others:

(1)

Shall have legal title to any building or building unit with or without accompanying actual possession thereof; and

(2)

Shall have charge, care or control of any building or building unit as owner, executor, executrix, administrator, trustee, guardian of the estate of the owners, mortgagee or vendee in possession, assignee of rents, lessee, or other person, firm or corporation in control of a building; or their duly authorized agents.

Any such person, group of persons, company, association or corporation or entity shall have joint and several responsibility from compliance with the provisions of this article.

(o)

Person means, without limitation, person, firm, partnership, corporation, company, limited liability company, partnership, or entity and any other term that denotes a human being or legal entity.

(p)

Person responsible for real property means an owner, tenant, lessee, or any other person exercising dominion, management or control of real property in Newport News, Virginia.

(q)

Rear yard means open land area extending across the full width of the lot and lying between the rear lot line and the principal structure.

(r)

Required yard means the open land area between the minimum setback lines required in a zoning district and the lot lines.

(s)

Secure against unauthorized entry means secured in such a manner as to exclude unauthorized entry by humans, animals or birds.

(t)

Security fence means a fence that is primarily designed and is intended to provide privacy or security regardless of its decorative effect. Such security fences normally cause a parcel of land to be so enclosed as to result in the prohibition of free ingress and egress, or the shielding of a parcel from view from outside the security fence, and include but are not limited to barbed wire fences, metal fences generally known as "chain link fences" and wooden fences generally known as "stockade fences."

(u)

Semitrailer means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.

(v)

Side yard means open land area between the side lot line and the principal structure(s) and extending from the front yard to the rear yard.

(w)

Street shall be deemed to include private as well as public rights-of-way.

(x)

Trailer means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including mobile homes.

(y)

Vacant or unoccupied building means any building or structure which is not occupied, used or inhabited on a regular and continuing basis by some person with a valid claim of right to possession or a fee simple title. The intrusion of trespassers or squatters into such buildings on any basis shall not render such building occupied or nonvacant within the meaning of this chapter.

(z)

Vehicle means every device in, on or by which any person or property is or may be transported or drawn on a highway, including, but not limited to, motor vehicles, trailers and semitrailers, except devices moved by human power or used exclusively on stationary rails or tracks. For the purposes of this chapter, bicycles, mopeds, motorized scooters and electric power-assisted bicycles shall not be considered vehicles.

(aa)

Weeds means any grass or plants out of place, wild or uncontrolled growth or vegetation of every kind on any land, alley, sidewalk or street in the city, whether growing or severed from the land, of such height or of such profusion as to constitute or which is likely to constitute a harborage for rats, a place where mosquitoes or other harmful pests or insect infestations may breed or water may stagnate or which conceals or is likely to conceal deposits of garbage, trash or debris.

(Ord. No. 5365-99; Ord. No. 5876-02; Ord. No. 5975-03, § 1; Ord. No. 6039-04, § 1; Ord. No. 6849-12, § 1)

Sec. 13-5. - Conformance with Chesapeake Bay Preservation Ordinance.

No permit shall be issued pursuant to this chapter in any case where the structure or activity to be permitted conflicts with the requirements of Chapter 37.1, Article V, Chesapeake Bay Preservation.

(Ord. No. 5365-99)

Sec. 13-6. - Construction near grave, etc.

No structure shall be constructed which damages or destroys any grave or place of burial that contains or which may contain human remains.

(Ord. No. 5365-99)

Sec. 13-7. - Removal of defacements.

The city manager or his/her designated representative is authorized to undertake or contract for the removal or repair of the defacement of any public building, wall, fence or other structure. Further the city manager or his/her designated representative may also undertake or contract for the removal or repair of the defacement of any private building, wall, fence or other structure where such defacement is visible from any public right-of-way.

Prior to such removal or repair of any defacement from private property, the city manager or his/her designated representative shall send to the property owner, by regular mail sent to the last address listed for the owner in city property assessment records, a notice stating: the street address and legal description of the property; that the property has been defaced; that the owner must repair or remove the defacement within fifteen (15) days of the date of the notice; and that if the defacement is not removed or repaired within the fifteen-day period, the city will begin removal procedures. In the case of unoccupied property, the notice shall also state that the cost of such corrective action shall be charged to the property owner.

For purposes of this section, the term "defacement" means the unauthorized application by any means of any writing, painting, drawing, etching, scratching, or marking of an inscription, word, mark, figure, or design of any type.

(Ord. No. 6765-11)

Sec. 13-8. - Assessment of costs against property for removal or repair of defacements.

(a)

If the city undertakes corrective action to remove or repair the defacement of unoccupied public or private property after complying with the notice provisions of section 13-7, the actual cost or expenses for such removal or repairs shall be chargeable to and paid by the property owner, and may be collected as a special assessment against the respective lot or parcel of land to which it relates in the manner in which city taxes and levies are collected.

(b)

Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local taxes and enforceable in the same manner as such liens. The city manager may waive and release 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.

(Ord. No. 6765-11)

Secs. 13-9—13-20. - Reserved.