ATTACHMENT A

 

        COUNTY OF ALBEMARLE

Department of Building Code and Zoning Services

401 McIntire Road, Room 227

Charlottesville, Virginia 22902-4596

 

FAX (434) 972-4126

TELEPHONE (434) 296-5832

TTD (434) 972-4012

 

NOTICE OF OFFICIAL DETERMINATION OF VIOLATION

 

Date Notice of Determination is given: February 8, 2005 

No: VIO-2005-003

 

HAND DELIVERED

 

     

           

Doris M. and Cecil H. Gardner

 

225 Campbell Road

 

Keswick,  Va. 22947

 

 

 

 

 

Property:              

06500-00-00-02000

Same as above

 

Tax Map and Parcel Number

Owner of Record

 

 

 

Zoning:

Rural Areas [RA] District

 

         

 

You are hereby notified that after an investigation of the above-described property, the Zoning Administrator has determined that the following constitutes a violation of the Albemarle County Zoning Ordinance:

 

Throughout the property there is an accumulation of  drums, cylinders, ammonia tanks, propane cylinders, oil tanks, asbestos shingles, paint, paint cans, tires, air conditioning and refrigeration equipment, appliances, inoperable vehicles, roofing material, pipe, fencing, corrugated metal, lawn mowers, engines, glass, paper, scrap wood, foam insulation, siding, plumbing fixtures, discarded building materials, household trash and other items that are defined as junk or refuse by County Ordinance.

 

Section 10.2 Permitted Uses (in Rural Area District);

            A junk yard is not a permitted use in the RA districtTherefore this use shall not exist on this site.

 

Junk Yard: Any land or structure used for the abandonment, baling, collection, dismantling, maintenance, recycling, sale, salvaging, storage, or wreckage of junk.

 

Junk: Any scrap, discarded, dismantled or inoperable:  vehicles, including parts or machinery thereof;  household furniture and appliances;  construction equipment and materials;  tanks, containers, drums, and the contents thereof;  and tires, pipes, wire, wood, paper, metals, rags, glass, plastic, food and related types of waste material.

 

This use, activity or condition is not a nonconforming use or structure.

 

Section 36.1: “Any building erected contrary to any of the provisions of this ordinance or contrary to any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this ordinance or any condition imposed upon any conditional rezoning, issuance of a special use permit or approval of a site plan, shall be a violation of this ordinance and the same is hereby declared to be unlawful.  The zoning administrator may initiate injunction, mandamus, abatement, criminal warrant or any other appropriate action to prevent, enjoin, abate or remove such erection or use in violation of any provision of this ordinance.”

 

You are hereby ordered to cease and desist from adding inoperative vehicles, metal, roofing materials, discarded construction materials, tires, chemicals, paint, asbestos shingles and any other refuse or junk to the property immediately.  Your failure to comply with this order may result in legal action being taken against you.

You are also hereby ordered to remove the materials (described in the attachment to this letter) in order to bring the property into compliance. Due to the hazardous nature, amount and scope of the material to be removed, the attachment contains a list prioritizing the materials to be removed and accompanying deadlines.

Your timely compliance with this order does not excuse the violation cited herein and does not preclude the County from pursuing further legal action for these violations.

If you are aggrieved by this determination, you have a right to appeal it within thirty (30) days of the date notice of this determination is given, in accordance with Section 15.2-2311 of the Code of Virginia.  If you do not file a timely appeal, this determination shall be final and unappealable.  An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals a notice of appeal which specifies the grounds for the appeal.  An appeal application must be completed and filed along with the fee of $120.  The date notice of this determination was given is specified above.

You are further notified that, after an investigation of the above-described property, the Zoning Administrator has also determined that the following constitutes a violation of the Albemarle County Code:

 

The accumulation of refuse located throughout this parcel constitutes a violation of Section 13-302 of the Albemarle County Code.  

 

Sec. 13-100 Definitions.

 

 (12) Refuse. The term “refuse” means all solid and semi-liquid wastes of a community, including

garbage, trash, litter, rubbish, ashes, street cleanings and industrial solid waste, but not including human or

agricultural animal body wastes.

 

 

Sec. 13-302 Accumulation, storage and removal of refuse on private property.

The following regulations shall apply to the accumulation, storage and removal of refuse on

private property:

 

You are hereby ordered to cease and desist from adding inoperative vehicles, metal, roofing materials, discarded construction materials, tires, chemicals, paint, asbestos shingles and any other refuse or junk to the property immediately.  Your failure to comply with this order may result in legal action being taken against you.

You are also hereby ordered to remove the materials (described in the attachment to this letter) in order to bring the property into compliance. Due to the hazardous nature, amount and scope of the material to be removed, the attachment contains a list prioritizing the materials to be removed and accompanying deadlines.

Your timely compliance with this order does not excuse the violation cited herein and does not preclude the County from pursuing further legal action for these violations

 

            Please note that a determination of a violation of section Sec. 13-302 of the Albemarle County Code is not subject to a right to appeal to the Board of Zoning Appeals.

 

            If you have any questions, please contact John Jones at 434-296-5832.

 

 

______________________________

Amelia G. McCulley, A.I.C.P.

Zoning Administrator

County of Albemarle, Virginia

 

 

Attachment to Notice of Violation

VIO-2005-003

Schedule for Removal and Deadlines

 Tax Map and Parcel 06500-00-00-02000

Property Owners: Doris M. and Cecil H. Gardner

 

You are hereby ordered to adhere to the following procedures, schedule for removal, and deadlines for removal of material that constitute the junkyard and accumulation of refuse on this parcel:

 

·         Cease junkyard operations immediately.

·         All items must be disposed of properly.

·         All items must be disposed of off the property.

·         Receipts must be provided to document proper disposal of items.

·         Removal of items shall occur in the order of items prescribed in this attachment, first to last.

·         Any contamination onsite must be cleaned up.

 

The following is the list of items to be removed, the order in which they shall be removed and corresponding deadlines for removal and production of receipts to verify proper disposal:

 

1.       Drums and cylinders to include, but not limited to, ammonia tanks on dairy trucks, used propane cylinders, oil tanks and oil drums (proper measures must be taken for those drums which are leaking), and high pressure gas cylinders.  Deadline for removal and production of receipts February 25, 2005.

2.       Asbestos shingles - Deadline for removal and production of receipts February 25, 2005.

3.       Paint and paint cans - Deadline for removal and production of receipts   February 25, 2005.

4.       Loose tires – Tires that are stockpiled through the property.  Tires that are on inoperative vehicles can remain to facilitate removal of inoperable vehicles.  Deadline for removal and production of receipts February 25, 2005.

5.       All air conditioning and refrigeration equipment.  Deadline for removal and production of receipts March 11, 2005.

6.       Appliances – Washers, dryers, refrigerators, ranges and related items.  Deadline for removal and production of receipts March 11, 2005.

7.       Inoperable vehicles – Deadline for removal and production of receipts March 11, 2005.

8.       Shingles other than asbestos –Deadline for removal and production of receipts March 11, 2005.

9.       Metal items including but not limited to pipe, fencing, bicycle frames, metal racks, wheelchairs, scrap metal, corrugated metal roof material, wire and related metal items.  Deadline for removal and production of receipts March 25, 2005.

10.   Lawn mowers and engines including but not limited to engine blocks, parts, gears, engine housings and related items.  Deadline for removal and production of receipts March 25, 2005.

11.   Removal of remaining material items including but not limited to, household trash, glass, paper, scrap wood, foam insulation, vinyl siding, plumbing fixtures, bricks, discarded building materials and all other items that are defined as junk or refuse by County Ordinance.  Deadline for removal and production of receipts April 8, 2005.

 

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