Code of Virginia

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Code of Virginia
Title 48. Nuisances
Chapter 1. Abating Public Nuisances Generally
1/26/2021

Chapter 1. Abating Public Nuisances Generally.

§ 48-1. Investigation of complaint by special grand jury.

When complaint is made to the circuit court of any county, or the corporation court of any city of this Commonwealth, by five or more citizens of any county, city or town, setting forth the existence of a public or common nuisance, the court, or the judge thereof in vacation, shall summon a special grand jury, in the mode provided by law, to the next term of such court, to specially investigate such complaint.

Code 1919, § 1520.

§ 48-2. Presentment against person causing nuisance.

If upon a full investigation of the complaint mentioned in § 48-1 the grand jury is satisfied that the nuisance complained of is of a public nature, it shall proceed to make presentment against such person or persons as they may find have created or caused such nuisance.

Code 1919, § 1520.

§ 48-3. Permitting continuation of nuisance; presentment against premises.

If any such nuisance be upon premises the owner of which did not create or cause such nuisance, but permitted its continuation, such owner shall, for the purposes of this chapter, be deemed responsible for such nuisance, and if such owner be not a resident or citizen of this Commonwealth, or one whose residence is not known, such presentment shall be against the premises upon which such nuisance is.

Code 1919, § 1520.

§ 48-4. Service of copy of presentment; defense by person interested.

Upon any such presentment the court shall order a copy thereof to be served upon the person or persons presented, or whose property is presented, in the manner prescribed by law as to the service of notices. To any such proceeding, if it be in rem, any person interested, or for and in behalf of the owner of such premises, may make defense.

Code 1919, § 1520.

§ 48-5. Fines and costs; judgment of abatement.

Upon the trial of any such presentment the person or persons who have created, caused or permitted the continuation of any nuisance, if found guilty, shall be ordered to either abate said nuisance or to reimburse the locality for all costs of removal and abatement of said nuisance, if the locality has abated the nuisance pursuant to § 15.2-900, and further may be fined not more than $25,000, in addition to other remedies available under the law.

Code 1919, § 1520; 1996, cc. 291, 808; 2009, cc. 181, 551.

§ 48-6. Enforcement of judgment in rem.

Every judgment in rem under this chapter shall be enforced in the same manner as an attachment levied on real estate.

Code 1919, § 1520.