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 Cape Charles
 Code of Ordinances
 Chapter 14. BEACHES AND WATERWAYS
 Article I. IN GENERAL

  § 14-4. Removal or repair of hazardous or obstructing piers or other structures or vessels.  

Latest version.

  • (a)

    The owners of property in the town shall, at such times as the council may prescribe, remove, repair or secure any wharf, pier, piling, bulkhead or any other structure or vessel which might endanger the public health or safety of other persons, or which might constitute an obstruction or hazard to the lawful use of the waters within the town. If such property is deemed to be abandoned, the council may designate and empower an official to ascertain the lawful owner of such property and to have the owner repair, remove or secure such property.

    (b)

    The council, through its own agents or employees, may remove, repair or secure any wharf, pier, piling, bulkhead, or other structure or vessel which might endanger the public health or safety of other persons or which might constitute a hazard or obstruction to the lawful use of the waters within the town, if the owner of such property, after reasonable notice and reasonable time to do so, has failed to remove, repair or secure such wharf, pier, piling, bulkhead or other structure or vessel.

    (c)

    If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and after lawful notice has been made to the last known address of any known owner, the council, through its agents or employees, may repair such wharf, pier, piling, bulkhead or other structure or vessel or remove such property after giving notice by publication once each week for two weeks in a newspaper of general circulation in the area where such property is located.

    (d)

    If the council, through its own agents or employees, removes, repairs or secures any wharf, pier, piling, bulkhead or other structure or vessel after complying with the provisions of this section, the cost or expense thereof shall be chargeable to and paid by the owner of such property and, to the extent applicable, may be collected by the town as taxes and levies are collected.

    (e)

    Every charge authorized by this section with which the owner of any property has been assessed and which remains unpaid, to the extent applicable, shall constitute a lien against such property, and such lien shall be recorded in the judgment lien docket book in the circuit court of the county. Such lien may be reduced to a personal judgment against the owner.

    (Ord. No. 35, § 5, 1-8-85)

    State Law reference— Authority for above section, Code of Virginia, § 15.2-909.

(Ord. No. 35, § 5, 1-8-85)

State law reference

Authority for above section, Code of Virginia, § 15.2-909.