Nuisance Law Reforms Pass Unanimously

If your property is prone to vermin infestations, collects pools of standing water, or is decorated with derelict cars, watch out. Last night, the Fredericksburg City Council gave unanimous preliminary approval to sweeping revisions designed to toughen the city's laws against neighborhood nuisances.

The measure does a number of things to streamline the process of nuisance abatement and to clarify nuisance laws already on the books.

The measure, which arose out of complaints of , was criticized by At-Large Councilor Kerry Devine for not focusing on alcohol and noise violations.

City Attorney Kathleen Dooley explained that alcohol laws are in the hands of the state, and that noise violations are already a criminal matter which can be dealt with swiftly. Further, the noise ordinance had recently been revised itself, leading Dooley to conclude that the existing law was sufficient.

Regulations pertaining to weeds, trash and inoperable vehicles will be set aside as a single, separate city code chapter. Currently, laws regulating litter, lawns and derelict vehicles are strewn across multiple code chapters.

The law also expands the definition of nuisance behaviors. Current laws only prohibit accumulated trash and overgrown weeds. The revised ordinance lists a number of new prohibited conditions:

    •    stagnant water.
    •    open storage of junk and building materials when there is no ongoing construction.
    •    Obstruction of sidewalks and streets.
    •    Unfenced lots bordering a sidewalk or street with a dangerous difference in the level of the street or sidewalk and the lot.
    •    Allowing conditions for rats, mice, snakes and other vermin to shelter on your property.
    •    Unsecured vacant or derelict buildings.

The revisions also create a general law prohibiting nuisances. Giving the measure teeth are a set of escalating penalties ranging from $50 for a first violation to $3,000 in maximum civil penalties if the nuisance isn't addressed.

Violators of the nuisance laws will receive a notice describing the infraction and the steps necessary to abate it. Those who may find a nuisance notice posted on their door can ask for a second opinion from city staff at an "informal" appeal hearing. The decision of this officer is final, according to the law. Any further disagreement at this point would be handled through the courts.

If the owner refuses to clear the nuisance, the city will step in and clear it on its own and stick the property owners with a bill for the work.

The vote to approve the measure passed 6-0, with Ward 4 Councilor Bea Paolucci absent with an illness. The measure requires one more vote before it becomes official.