§ 46-1-3. Abatement of health or safety menaces.

(a)

When any condition that constitutes a public health or safety menace is found on occupied or vacant land or premises, the Director shall notify in writing the owner or occupant of the land or premises on which the condition exists and/or any other person who he believes is responsible for the health or safety menace. Such notice shall contain a description of the health or safety menace and the time within which the menace shall be abated, corrected or eliminated.

(b)

Any such notice shall be (i) sent by registered or certified mail, return receipt requested, to the last-known address of the owner whose name is shown on the current real estate tax assessment records, or the occupant, or any other identified person responsible; and (ii) published once a week for two successive weeks in a newspaper having general circulation within the County.

(c)

The County shall not take any action to remove, repair, or secure any building, wall, or other structure or to otherwise abate any public health or safety menace for at least 30 days following the later of the return of the certified mail receipt or the newspaper publication, except that the County may take action to prevent unauthorized access to the building or location of the public menace or nuisance within seven days of such notice if the condition is deemed to pose a significant threat to public safety, and that fact was stated in the notice. Nothing herein shall prevent the County from correcting or abating any condition determined by the Director to constitute an emergency.

(d)

Upon compliance with the notice provisions of this section, and except in the case of an emergency if the County, through its own agents or employees, removes, repairs, or secures any building, wall, or any other structure, or removes, corrects, or abates any condition that constitutes a public menace or public nuisance, then the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the County in the same manner that taxes are collected. Any such costs or expenses that remain unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and may be enforced in the same manner as provided in Article 3 and Chapter 39 of Title 58.1 of the Virginia Code, and as the same may be amended.

(e)

Any lien as set forth herein may be waived by the Director 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. (6-7-61; 1961 Code, §§ 15A-2, 15A-3; 3-10-71; 4-78-46; 39-88-46; 41-14-46.)