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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. |
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 |