2006 Code of Virginia § 15.2-909 - Authority to require removal, repair, etc., of wharves, piers, pilings, bulkheads, vessels or aband...

15.2-909. Authority to require removal, repair, etc., of wharves, piers,pilings, bulkheads, vessels or abandoned, obstructing or hazardous property.

Any locality may by ordinance provide:

1. The owners of property therein shall at such time or times as thegoverning body may prescribe, remove, repair or secure any vessel which hasbeen abandoned or any wharf, pier, piling, bulkhead or any other structure orvessel which might endanger the public health or safety of other persons, orwhich might constitute an obstruction or hazard to the lawful use of thewaters within or adjoining such locality. If such property is deemed to beabandoned, the governing body may designate and empower an official toascertain 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 orsecure any vessel which has been abandoned or any wharf, pier, piling,bulkhead, or other structure or vessel which might endanger the public healthor safety of other persons or which might constitute a hazard or obstructionto the lawful use of the waters within such locality, if the owner of suchproperty, after reasonable notice and reasonable time to do so, has failed toremove, repair or secure such wharf, pier, piling, bulkhead or otherstructure 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 orvessel after complying with the notice provisions of this section, the costor expenses thereof shall be chargeable to and paid by the owners of suchproperty and to the extent applicable may be collected by the locality astaxes are collected;

4. If the identity or whereabouts of the lawful owner is unknown or not ableto be ascertained after a reasonable search and after lawful notice has beenmade to the last known address of any known owner, the locality, through itsown agents or employees, may repair such wharf, pier, piling, bulkhead orother structure or vessel or remove such property after giving notice bypublication once each week for two weeks in a newspaper of generalcirculation in the area where such property is located;

5. Every charge authorized by this section with which the owner of any suchproperty has been assessed and which remains unpaid, to the extentapplicable, shall constitute a lien against the owner's real property, andsuch lien shall be recorded in the judgment lien docket book in the circuitcourt for such locality. Such lien may also be reduced to a personal judgmentagainst the owner.

(1976, c. 449, 15.1-11.3; 1997, cc. 548, 587.)