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 Isle of Wight County
 Code of Ordinances
 Chapter 16. TYLERS BEACH BOAT HARBOR.
 Article III. Use.

  § 16-9. Abandoned property.

Latest version.

  • (a)

    Whenever the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors shall be of the opinion that any vessel has been abandoned, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might endanger the public health or safety of persons, or might constitute a hazard or obstruction to the lawful use of the waters within or adjoining boat harbor, he shall cause a written notice to be mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other structure or vessel, directing the owner to remove, repair, or dispose of or secure such property within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of or secure such property within the time specified in such notice shall be guilty of a Class I misdemeanor. Each day's default in the removal, repair, disposal or securing shall constitute a separate offense. In addition, a judge hearing the case may order the owner to remove, repair, dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel.

    (b)

    If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or other structure or vessel within the time specified in the notice given pursuant to this section, the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors may remove, repair, dispose of or secure such property at the expense of the owner, and the expense shall be chargeable to and paid by the owner of such property or the owner of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter referred to as "hazard" is attached. Such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the county, until paid. Such expense shall be reported by the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors to the county treasurer, who shall collect the same in the manner in which county taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the county, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law.

    (c)

    If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and the above-referenced notice has been made to the last known address of any known lawful owner, the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors, may cause repairs to be made to such wharf, pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after giving notice of such repair or removal in a newspaper of general circulation in Isle of Wight County, Virginia. In the event the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors, causes the removal, repair or security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with the notice provisions of this section, such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the county, until paid. Such expense shall be reported by the department of parks and recreation, recreation coordinator, park administrator, or their designees or successors, to the county treasurer, who shall collect the same in the manner in which county taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the county, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law. (10-2-08.)

    For state law as to authority of the county to regulate abandoned property, see Code of Va., § 15.2-909.