Agenda 11/14/2006 - Laserfiche WebLink

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by any scheme or device whatever, shall be deemed common nuisances." The maintenance of an alcohol-related nuisance constitutes a class Imisdemeanor. The Commonwealth's Attorney can initiate forfeiture proceedings against the property and any owner, lessor, or lienholder. Abandoned motor vehicles Note: A mobile home, like an automobile, may be considered a "motor vehicle" as discussed below. Section 46.2-1201 of the Code of Virginia permits a locality to adopt an ordinance to take abandoned motor vehicles into custody and dispose of them after proper notice to the owner, either by sale or by demolition. This may not be used, however, for vehicles located on private land when the landowner does not wish for the vehicle to be removed. The City has such an ordinance, Section 15.2-903 of the Code of Virginia permits a locality to regulate and tax automobile graveyard and j unkyards. Section 15.2-904 of the Code of Virginia permits a locality to require that abandoned motor vehicles on private land must be screened from view or removed. Statewide Fire Code The Statewide Fire Code, currently adopted by the City, permits problems to be addressed immediately, and also carries criminal penalties. Generally, enforcement of the locally adopted fire code is done by a locally appointed fire marshal and his assistants. Usually, the fire marshal is the "fire official" for purposes of enforcement of the Statewide Fire Prevention Code. A locality may (or may not) grant a local fire marshal and his assistants the same police power as a police officer or other law enforcement officer, including the right to issue criminal summons, to procure and serve warrants, and to arrest. This also means that a local fire marshal may obtain authority to issue a Uniform Virginia summons for violations occurring in his presence without the need to appear before a magistrate to obtain a criminal summons. A local fire marshal, upon showing proper credentials to the owner, operator or agent in charge, is authorized to enter a building, structure, property or premises for the purposes of conducting an inspection, examination, testing or collection of samples for testing to determine if the building, structures, systems, machines, apparatus, devices, equipment and materials stored, used or handled, are in compliance with the fire code. Moreover, the local fire marshal is authorized to enter upon any property from which a release of hazardous material, hazardous waste or other regulated substances has occurred or is reasonably expected to occur and which has or may enter into the groundwater, surface water or soils, If the owner, operator or agent in charge refuses to allow entry, the local fire marshal can make application for an inspection warrant. When a violation of the fire code is observed, the fire marshal may either issue a notice of violation with a date for compliance or immediately issue or obtain a criminal summons.