CODE OF VIRGINIA

AUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF WHARVES, PIERS, PILINGS,
BULKHEADS, VESSELS OR ABANDONED, OBSTRUCTING OR HAZARDOUS PROPERTY (§ 15.2-909)

Any locality may by ordinance provide:

   1.  The owners of property therein shall at such time or times as the
   governing body may prescribe, remove, repair or secure any vessel which has
   been abandoned or 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 or adjoining such locality. If such property is deemed to be
   abandoned, the governing body 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;

   2.  The locality, through its own agents or employees, may remove, repair or
   secure any vessel which has been abandoned or 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 such locality, 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;

   3.  In the event the locality, through its own agents or employees removes,
   repairs or secures any wharf, pier, piling, bulkhead or other structure or
   vessel after complying with the notice provisions of this section, the cost or
   expenses thereof shall be chargeable to and paid by the owners of such
   property and to the extent applicable may be collected by the locality as
   taxes are collected;

   4.  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 locality, through its
   own 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;

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

HISTORY: 1976, c. 449, § 15.1-11.3; 1997, cc. 548, 587.