Tuesday, August 2, 2011

Fort Ward Park and CODE ENFORCEMENT

Issue: Piles of Soil have redirected water flow into our back yard
CODE ENFORCEMENT BUREAU
TRANSPORTATION AND ENVIRONMENTAL SERVICE REQUIREMENTS
Clearing or grading an area 2,500 square feet or more, or removal/addition of soil in excess of 18 inches, requires an approved conservation plan, an erosion control application and the posting of a bond. Before you dig, you must call Miss Utility 72 hours in advance, 1.800.552.7001. For more information on Erosion Control and The Chesapeake Bay Preservation Ordinance, please call the Department of Transportation and Environmental Services on 703.838.4324.
Issue: Dumpster needs cover and relocation away from neighbors
City Code Title 5 Transportation and Environmental Services
Chapter 1 Solid Waste Control
Sec. 5-1-2 Definitions.

(2)   Bulk waste containers.  A sturdy, water-tight, covered metal container which can only be emptied directly into a refuse truck by mechanical means. 

(13)   Solid waste.  Unwanted or discarded material in a solid or semi-liquid state, consisting of garbage, trash or a combination thereof, but excluding recyclable materials.

14)   Trash.  Solid waste materials incident to the ordinary conduct of a household, place of business or industrial establishment, including unmounted tires, but not including ashes, building materials, industrial wastes, hazardous wastes, recyclable materials or metal objects over three feet in length or weighing over 75 pounds. 

(17)   Yard debris.  Shrubbery prunings, tree prunings not over two inches in diameter, grass clippings and similar materials. (Code 1963, 32A-2; Ord. No. 3021, 3/16/85, Sec. 1; Ord. No. 3570, 5/11/92, Sec. 1; Ord. No. 3819, 9/16/95, Sec. 1) 

Sec. 5-1-12 Approved waste containers

c)   The director shall not approve any bulk waste container that is not sturdy, in good condition, made of watertight metal and tightly covered except when being filled or emptied and stored in a place that affects or offends the occupants, the general public and nearby residents as little as reasonably possible under the circumstances. In order to so protect the occupants, the general public and nearby residents, the director may require screening of the storage place as a prerequisite for approval. (Code 1963, Sec. 32A-4)

Sec. 5-1-13 Covers to be kept on waste containers.
A tight fitting cover shall at all times be kept on every waste container, except when the containers are being filled or emptied. (Code 1963, Sec. 32A-5)

. 5-1-16 Area on which waste containers located to be kept clean.
The area upon which waste containers are stored or placed for collection shall be kept clean and free of solid waste. (Code 1963, Sec. 32A-8)

ARTICLE D Solid Waste Collection Regulations

Sec. 5-1-41 Collection by city
(b)   Points of collection for approved bulk waste containers.  The point of collection shall be at a place that has been approved by the director. The director shall only approve places that affect or offend the occupants, the general public and nearby residents as little as reasonably possible under the circumstances. The director may require surfacing of the point of collection as a prerequisite for approval. It shall be the duty of the owner or operator of an establishment using an approved bulk waste container to secure the approval of the director for the point of collection. 

ARTICLE F Solid Waste Disposal

Sec. 5-1-71 Disposal sites generally.
(a)   It shall be unlawful for any person to operate a private disposal site for solid waste, ashes or yard debris in the city, unless a special use permit shall first have been obtained as specified in sections 7-6-191 through 7-6-195 of this code. It shall also be unlawful for any person to dispose of any solid waste, ashes or yard debris at any site within the city other than those sites designated by the director.

Sec. 5-1-82 Accumulation of solid waste, recyclable material, etc.
(a)   It shall be unlawful to allow, permit, or have an accumulation of ashes, solid waste, recyclable material or yard debris on any premises within the city which tends to create a public nuisance or health problem. Whenever the director or his agent finds that it reasonably appears there is immediate danger to the life, health or safety of any person due to the aforesaid accumulation on any premises within the city, then such premises are hereby declared to be a public nuisance.
(b)   When such a public nuisance is found to exist on any premises, the occupant, or the owner in the event the premises is unoccupied, shall be given written notice by the director with the request that such accumulation shall be removed within seven days of the receipt of the notice. Should the occupant, or the owner in the event the premises is unoccupied, fail to comply with the request within that time, he shall be considered in violation of this section. (Code 1963, Sec. 32A-27)

Issue: Regular mowing of area to remove weeds

Sec. 5-9-1 Definition.
The word "weeds" as used in this chapter shall be held to include grass, weeds, bushes and any other vegetation other than trees, ornamental shrubbery, flowers and garden vegetables properly tended. (Ord. No. 2698, 6/12/82, Sec. 2)

Sec. 5-9-2 Weeds on any property--public nuisance.
Weeds on any property located within the city that are in excess of 12 inches in height are found to be a danger to the public health and are hereby declared to constitute a public nuisance. (Ord. No. 2698, 6/12/82, Sec. 2)

Sec. 5-9-3 Same--duty of owner to cut.
The owners of property located within the city shall cut the weeds that are in excess of 12 inches in height on such property. The owners of property shall also cut weeds in excess of 12 inches along public sidewalks, curb lines and within tree wells which are within 12 feet of the owner's front property line. (Ord. No. 2698, 6/12/82, Sec. 2; Ord. No. 2878, 11/12/83, Sec. 1)

Sec. 5-9-4 Same--notice to owner to cut.
The director of the bureau of code enforcement or his duly authorized agent may give notice in writing to the owner of land in the city upon which there are weeds in excess of 12 inches in height that such weeds must be cut within 10 days from the receipt of the notice or the city will cut the weeds, bill the owner for the costs and collect the costs like taxes in the event of nonpayment by the owner. Mailing to the last known post office address shall constitute sufficient service upon owners who cannot befound after a reasonably diligent search or who are nonresidents. (Ord. No. 2698, 6/12/82, Sec. 2; Ord. No. 3849, 3/23/96, Sec. 2)

Sec. 5-9-5 Same--cutting by city; billing and collection of charges; unpaid bill a lien.
Whenever the owner of real property refuses, neglects or fails to cut weeds after being notified in the manner prescribed by section 5-9-4 above, the weeds may be cut by the city. The expense thereof shall be forthwith computed, and a bill for such expense shall be prepared by the department of finance and mailed to the owner at his last known post office address within a reasonable time after the cutting. In the event the city does not receive payment of the bill within 30 days after mailing, the directorof finance shall proceed to collect the expense and may do so in the same manner as city taxes are collected. Every expense with which the owner of any real property shall have been assessed and which remains unpaid shall constitute a lien against the owner's property. (Ord. No. 2698, 6/12/82, Sec. 2; Ord. No. 3849, 3/23/96, Sec. 2)

Sec. 5-9-6 Same--failure to cut weeds after receipt of notice.
An owner of real property who has received written notice in the manner prescribed by section 5-9-4 that weeds on the owner's property, or along public sidewalks or curblines and within 12 feet of the owner's front property line, are in excess of 12 inches shall cut all such weeds within the time period set out in the notice, and the failure to do so shall constitute a violation of this section. Said violation shall be a class four civil violation which shall be enforced through the levying of a civil penalty pursuant to section 1-1-11 of this code; provided, that the penalty for the first violation occurring in any six-month period shall be $100, for a second violation occurring in any six-month period the penalty shall be $250, and for each additional violation occurring in any six-month period the penalty shall be $500. (Ord. No. 2878, 11/12/83, Sec. 2; Ord. No. 3849, 3/23/96, Sec. 2)
Issue: Code specifies that park closes
Sec. 6-1-1 Public parks and playgrounds--closing hours.
(a)   It shall be unlawful for any person to go upon or remain upon the lands or premises of any public park or public playground within the city between the hours of 10:00 p.m. and 5:00 a.m., eastern standard time or daylight saving time, whichever time is in effect; except as follows:
(1)   public officials or employees in the performance of their duties.
(2)   persons participating in or witnessing events where specific permission has been given by public authorities to exceed the above-stated time limits.
(3)   persons authorized to use the City of Alexandria marina facilities while en route to boarding or disembarking from their vessels.
(b)   Notwithstanding the contrary provisions in subsection (a), the city manager may, by regulation, amend the hours of operation of any public park or public playground upon a finding that such amendment is necessary (1) to protect or promote the health, safety or welfare of the users of or neighbors to the park or playground, or (2) to promote the efficient operation of the park or playground. If any such regulation is adopted, signs indicating the hours of operation shall be posted upon the lands or premisesof the public park or playground whose hours have been amended by the manager.

Gate is needed to restrict cars during summer activities
Gate is needed because many residents cannot read the sign, particularly in the dark since sign is not illuminated
44 acres of dark land pose a risk for injury, rape, assault
Present new workload for police patrols to protect against drug traffic and other illicit activity

Issue: Rat Control (Chapter 6)
Sec. 11-6-10 Containers for garbage, etc.; use of dumps.
Within the city, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in approved waste containers as provided in title 5, Chapter 1 of this code. No person shall dump on any premises, land or place, public or private, any dead animals, waste vegetable or animal matter of any kind, except on official city disposal sites or other places authorized by the code official. (Code 1963, Sec. 26-10, as amended by Ord. No. 2428, 1/8/80, Sec. 3; Ord. No. 3931, 6/14/97, Sec. 1)

Sec. 11-6-11 Accumulations of garbage, etc.
It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the city so that the same shall or may afford food or harborage for rats. (Code 1963, Sec. 26-11)

Sec. 11-6-12 Piles of lumber, bricks, etc.
It shall be unlawful for any person to accumulate, or to permit the accumulation of any lumber, boxes, barrels, bottles, cans, bricks, stones, containers or similar materials that may be permitted to remain on any premises, improved or vacant, or on any open lot or alley in the city, unless it shall be evenly piled or stacked on open racks that are elevated a reasonable height above the ground, but in no case less than six inches. (Code 1963, Sec. 26-12)

CHAPTER 13 Environmental Offenses

Sec. 11-13-4 Failure to keep property clean and free of accumulations of waste.
It shall be unlawful for any person to fail to keep property within the city clean and free of accumulations or deposits of waste. (Ord. No. 4211, 6/16/01, Sec. 1)

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