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AN ORDINANCE TO AMEND CHAPTER 16, OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BT AMENDING SECTIONS 16-2, 16'31, <br />16-35, 16-36, 16-62(C) AND REPEALING SECTION 16-71 THEREOF, <br />PERTAINING TO GARBAGE AND REFUSE. <br /> <br /> BE IT ORDAINED by the Council of the <br />Virginia: <br /> <br /> 1. That Sections 16-2, 16-31, 16-35, <br />of the Code of the City of Portsmouth, <br />amended and reordained to read as follows: <br /> <br />City of Portsmouth, <br /> <br />16-36 and 16-62(c) <br />Virginia (1988) be <br /> <br />Sec. 16-2. Violations of chapter. <br /> <br /> (a) Unless otherwise specifically provided, a violation <br />of any provision of this chapter shall constitute a Class 3 <br />misdemeanor. Additionally, any person in violation of any <br />provision of this chapter shall be liable for all damage, loss <br />and expense suffered or incurred by the City as a result of <br />such violations. <br /> <br /> (b) When a violation of the refuse provisions of this <br />chapter has occurred the person(s) listed as responsible for <br />payment of uhe refuse bill for that address shall be presumed <br />~o be the person causing the violation. Such presumption shall <br />be rebuttable by competent evidence as determined by the <br />Director of General Services or his designee. <br /> <br /> (c) In accordance with section 15.1-11.5:3 of the Code of <br />Virginia, the first violation under this chapter excluding the <br />provisions of sec. 16-35 shall result in a violation notice <br />being sent to ~he owner or occupant of the property. For a <br />second violation within twelve months, a fine of twenty-five <br />dollars shall be imposed and shall be added to the refuse bill. <br />A third violation within twelve months shall be punishable by a <br />fine of fifty dollars which shall be added to the refuse bill. <br />Further violations within twelve monuhs shall be punishable by <br />a fine of one hundred dollars which shall be added to the <br />refuse bill. <br /> <br />Sec. 16-31. Abatement of violations of division. <br /> <br /> If an owner or occupanu fails, refuses or neglects to <br />comply with any provislon of this division after receiving <br />reasonable notice of violation of this division, the director <br />may invoke the provisions of Sections 16-2 or 16-35, and/or <br />contac~ the director of environmental services who shall cause <br />the nuisance or the condition which is in violation of this <br /> <br /> <br />