PUBLIC HEARING AGENDA REQUEST

Sponsor:

 

 Board of Supervisors Meeting Date:

Planning Commission

 

June 8, 2006

Staff Lead:

Department:

 

W. Todd Benson, Assistant Zoning Administrator

 

Community Development

 

Topic:  

A Zoning Ordinance Text Amendment to Section 13-601 to Provide Administrative Remedies to the Zoning Administrator to Remove Inoperable Vehicles and Trash, Garbage, Refuse, and Litter

 

Topic Description: 

The proposed amendment provides new tools to the Zoning Office to seek compliance with the Zoning Ordinance. It specifically allows the Zoning Administrator to remove inoperable vehicles and trash, garbage, refuse, and litter and place liens on the property to recover costs.

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

Summary Staff Report: 

There are several provisions in the Zoning Ordinance designed to prohibit an accumulation of junk cars or trash on property.  In general, compliance by injunctive relief is sought through the courts.  This remedy, however, is not always effective.  Sometimes a parcel is orphaned – no known living person with an interest therein.  Sometimes a parcel is an “heir” parcel with numerous owners with no one actually in charge.  Other times, the violator is an elderly person without the physical strength or financial resources to bring the property into compliance.

The proposed amendment provides new tools for the department to seek compliance with the Zoning Ordinance by allowing the Zoning Administrator to remove inoperable vehicles and trash, garbage, refuse, and litter and place liens on the property to recover costs.

This proposed text amendment was initiated by the Planning Commission on April 27, 2006. On May 25, 2006, the Planning Commission voted unanimously to recommend adoption of the proposed ordinance.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Economic Development

 

ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 13-601 TO PROVIDE ADMINISTRATIVE REMEDIES TO THE ZONING ADMINISTRATOR TO REMOVE INOPERABLE VEHICLES AND TRASH, GARBAGE, REFUSE, AND LITTER  

WHEREAS, on April 27, 2006, the Planning Commission initiated this text amendment; and

WHEREAS, on May 25, 2006, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and  

WHEREAS, on June 8, 2006, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 8th day of June 2006, That Section 13-601of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

13-601  General Provisions

(1 through 4 – same)

5.a.      When  the owners of property zoned for residential, commercial or agricultural             purposes do not remove inoperable motor vehicles as provided in the Zoning             Ordinance, the Zoning Administrator or the agent thereof may remove any        such inoperable motor vehicles, trailers or semitrailers after giving reasonable           notice of its intention to do so.  After removing such vehicles and after            additional reasonable notice, the County may dispose of such motor vehicles,      trailers or semitrailers.  The cost of any such removal and disposal shall be   chargeable to the owner of the vehicle or premises and may be collected by the           County as taxes are collected and every cost authorized by this section with         which the owner of the premises has been assessed shall constitute a lien            against the property from which the vehicle was removed, the lien to continue          until actual payment of such costs has been made to the County.

b.         When  the owners of property fail to remove trash, garbage, refuse, or litter in             excess of 100 square feet of storage area  as provided in the Zoning Ordinance   and, whenever such trash, garbage, refuse, litter and other like substances      might endanger the health of other residents of the locality,  after reasonable        notice, the Zoning Administrator or the agents thereof may remove such  trash,         garbage, refuse, or litter and 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.

A Copy Teste

Paul S. McCulla

                                                                                    Clerk to the Board of Supervisors

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