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The code of the city of Charlottesville, Virginia, 1965 :

the charter and the general ordinances of the city
  
  
  
  
  

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CHAPTER 15.
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CHAPTER 15.

Health and Sanitation.[143]

§ 15-1. Joint health board—Composition.

§ 15-2. Same—Appointment and term of member selected by city;
terms of other members.

§ 15-3. Same—Powers and duties generally.

§ 15-4. Same—Powers and duties of officers, agents and employees.

§ 15-5. Same—Rules and regulations; penalty for violation.

§ 15-6. Fluoridation of city water.

§§ 15-7 to 15-15. Reserved.

§ 15-16. Condemnation of wells and springs.

§ 15-17. Vaccination of school teachers and pupils.

§ 15-18. Inspection of streets and premises; abatement of accumulated
filth and nuisances.

§ 15-19. Drains and running water; stagnant water.

§ 15-20. Discharge of water, slops, etc.

§ 15-21. Failure to remove nuisance, etc., after notice.

§ 15-22. Rodent and vermin control—Duty to keep premises clean.

§ 15-23. Same—Inspection of buildings; orders to remedy conditions.

§ 15-24. Same—Interference with inspection; failure to comply with
health officer's orders.

§ 15-25. Removal of ashes, trash, garbage, etc.

Sec. 15-1. Joint health board—Composition.

The city board of health shall be composed of a member of
the joint health board which is selected by the County of Albemarle,
a member of the joint health board which is selected
by the University of Virginia, and a member of the
joint health board which is selected by the city. Such joint
health board, when selected and organized as provided for in
a contract dated May 29, 1936, by and between the county,


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city and university, creating such joint health board, shall be
in fact, and the same is hereby made the board of health of
the city. (Code 1959, § 15-1.)

Sec. 15-2. Same—Appointment and term of member selected
by city; terms of other members.
[144]

The member of the joint health board to be selected by the
city as aforesaid shall be appointed by the city council for a
term of two years, beginning on the first day of September in
each even-numbered year, and the other members of the board
shall hold office so long as they, or their successors, shall remain
members of the joint health board. (Code 1959, §
15-2.)

 
[144]

For charter provisions as to appointment and organization of a
board of health, see Char., § 14.

Sec. 15-3. Same—Powers and duties generally.

The joint health board shall exercise, perform and carry
out all the powers, duties and obligations now or hereafter
prescribed by this Code or state law with respect to public
health and sanitation. (Code 1959, § 15-3.)

Sec. 15-4. Same—Powers and duties of officers, agents and
employees.

Such officers, agents and employees as the joint health
board shall appoint in pursuance of the aforesaid contract
of May 29, 1936, shall have all the powers and shall perform
all the duties now or hereafter prescribed by city ordinance
or state law pertaining to public health and sanitation. (Code
1959, § 15-4.)

Sec. 15-5. Same—Rules and regulations; penalty for violation.[145]

The joint health board shall have power to adopt and enforce
such reasonable rules and regulations as they may deem


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necessary for health and sanitation, not in conflict with this
chapter and state law, but such rules and regulations shall
be subject to the approval of the city council and spread upon
the ordinance book and shall be published in a newspaper
published in the city. In case of epidemics, rules and regulations
for suppressing the same shall immediately become
effective.

It shall be unlawful for any person to violate any such
rules and regulations. Upon conviction of the person so
offending, he shall be punished by a fine of not less than ten
dollars nor more than fifty dollars for the first offense, and not
less than twenty-five dollars nor more than one hundred dollars
for each subsequent offense. (Code 1959, § 15-5.)

 
[145]

For state law authorizing local boards of health to adopt rules and
regulations, see Code of Va., § 32-38. As to penalties for violations of
such rules and regulations, see Code of Va., § 32-39.

Sec. 15-6. Fluoridation of city water.[146]

The city manager is hereby authorized and directed to provide
the means and to proceed with the introduction of fluorine,
sodium fluoride or a compound thereof to the city's public
water supply in such quantities as are required to maintain
throughout the city's water distribution system a fluoride
ion concentration of approximately one part per million.

The water department shall keep an accurate daily record
showing the number of gallons treated and the fluoride ion
concentration of the water after treatment. Such department
shall also determine and record the fluoride ion concentration
in the distribution system at such points and at such intervals
as may be directed by the director of the Albemarle-Charlottesville
Joint Health Department.

The director shall have general supervision over treatment
of the public water supply with fluoride, and the water department
shall furnish to the joint health department copies
of records specified herein, at daily, weekly or monthly intervals
as may be required by the director. The water department
shall also furnish copies of these records to the state
department of health at monthly intervals. (12-2-63.)

 
[146]

As to water generally, see ch. 35 of this Code.

Sec. 15-7 to 15-15. Reserved.

Sec. 15-16. Condemnation of wells and springs.

Whenever the city health officer is informed or learns that
any well or spring in the city may be in such condition as to


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endanger the health of persons who use or may use water
therefrom, he shall immediately cause such spring or well to
be examined. If, after such examination, he shall be of the
opinion that the spring or well is in such condition as to endanger
the health of persons using or who may use water
therefrom, he shall serve a warning notice on those who are
liable to use the water and put a warning sign upon or near
such well or spring or other source of water and shall summon
the owner of the property or his agent, if he be a nonresident,
or his guardian or committee, requiring him to appear
before the judge of the municipal court, to show cause
why the spring or well should not be closed or put in safe
condition.

If, after hearing the case, it shall appear that the spring or
well is in such condition as to endanger the health of persons
using or who may use water therefrom, the judge of the
municipal court shall require such spring or well to be effectively
closed or made safe within a reasonable time to be fixed
by him. If the spring or well shall not be closed or made safe
within the time specified, the judge of the municipal court
shall summon the owner or his agent, if he be a nonresident,
or his guardian or committee, to show cause why such owner
should not be fined for failure to comply with such order and
to show cause why the spring or well should not be effectively
closed or made safe at the expense of the owner thereof.

If, at such hearing, no sufficient cause be shown for failure
to comply with such order, the owner of the spring or well
shall be punished as provided in section 1-5 for each day his
failure to comply with such order is continued and the judge
of the municipal court may further require such spring or
well to be effectively closed or made safe, at the expense of the
owner thereof. (Code 1959, § 15-16.)

Sec. 15-17. Vaccination of school teachers and pupils.[147]

Every teacher and pupil shall, within ten days after entering
the city schools, furnish a certificate from a reputable
physician certifying that such teacher or pupil has been successfully
vaccinated for smallpox or a certificate from the
health officer that such teacher or pupil is entitled to exemption


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from vaccination by reason of a peculiar physical condition;
but nothing in this section shall preclude the school
board from requiring immediate vaccination in the case of
an epidemic of smallpox or the annual revaccination of those
who have not furnished certificates of proper vaccination.
(Code 1959, § 15-17.)

 
[147]

For similar state law, see Code of Va., § 22-249.

Sec. 15-18. Inspection of streets and premises; abatement of
accumulated filth and nuisances.
[148]

The health officer shall cause to be inspected all streets,
cellars, yards, lots, privies and other places which may be,
or are alleged to be or are likely to become offensive. It shall
be the duty of all police officers to observe at all times the
sanitary condition of their districts and to report promptly
to the health officer, through the chief of police, any nuisance
or accumulated filth found to exist in any part of the city.
When any such thing shall be found, which, in the opinion
of the health officer, is or is likely to become injurious to
health, the health officer shall require the person causing such
nuisance, or the owner or the occupant of the premises on
which such thing is, to correct the evil forthwith in such
manner as he may deem expedient. Should such person fail
to execute the order of the health officer, the nuisance may
be removed by the city manager and the cost thereof shall be
collected of such persons, as other fines for the violation of
city ordinances are collected. Such costs shall be in addition to
any penalty imposed pursuant to section 1-5 for failure to
obey the order of the health officer. (Code 1959, § 15-18.)

 
[148]

For charter provisions as to abatement of nuisances, etc., generally,
see Char., § 14.

Sec. 15-19. Drains and running water; stagnant water.

If, upon any ground in the city, there is found a drain or
running water, the owner thereof or abutting property
owners, shall be required to keep the same clean, free and
unobstructed from filth, garbage or vegetation. If stagnant
water or a marshy place shall be found upon any premises
in the city, the owner thereof shall be required to drain such
stagnant water or fill such marsh forthwith, upon order of
the health officer. Upon failure to comply, the city manager


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is hereby authorized to have such stagnant water drained and
such marshy place filled at the expense of the city and may
collect the expense for so doing from the owner or occupant
of the property. Such expense shall be in addition to any
penalty imposed pursuant to section 1-5 for failure to comply
with the order of the health officer. (Code 1959, § 15-19.)

Sec. 15-20. Discharge of water, slops, etc.

No discharge from any bathtub, hydrant or other water
fixture and no water which has been used for the washing of
automobiles, trucks or other vehicles shall be permitted to
flow into the street, upon the sidewalk or upon any adjoining
property. Under no circumstances shall the discharge
from a water closet, a kitchen sink, or the slops from a
kitchen, be turned into the street.

Any one violating this section shall be punished as provided
in section 1-5 for each day the same may continue
after notice from the health officer or the chief of police to
abate the same. (Code 1959, § 15-20.)

Sec. 15-21. Failure to remove nuisance, etc., after notice.

If any person, after being notified by the health officer to
remove anything belonging to him, or any nuisance caused
by him, or to bury or to destroy anything belonging to him,
or found on premises owned or occupied by him, shall fail
to do so within twenty-four hours after such notice, it shall
be the duty of the city manager to have the same done at
the expense of the city, which expense shall be reimbursed
to the city by the person through whose default the same incurred.
Such expense shall be in addition to any penalty imposed
pursuant to section 1-5 for failure to comply with the
order of the health officer. (Code 1959, § 15-21.)

Sec. 15-22. Rodent and vermin control—Duty to keep premises
clean.

Every dwelling or building and all premises and every part
thereof shall be kept clean and free from any accumulation
of dirt, filth, rubbish, garbage or any matter which is likely
to provide food or harborage for rats and shall be kept free
from vermin or rodent infestation. All yards, lawns and


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courts shall be similarly kept clean and free from rodent infestation.
It shall be the duty of each occupant of a dwelling
unit to keep that portion of the property which he occupies
or over which he has exclusive control clean and free
from accumulation of such matter as is likely to provide food
or harborage for rats. (Code 1959, § 15-22.)

Sec. 15-23. Same—Inspection of buildings; orders to remedy
conditions.

The health officer of the city is authorized to make, or cause
to be made, inspections of existing buildings and other structures
to determine the prevalence of rats and, if necessary for
the protection of the public health, he may order the following
things to be done:

(1) The vent stoppage of any rat-infested building or other
structure.

(2) The elimination of rat harborages.

(3) The protection of food and garbage from rats.

(4) The extermination of rats on the premises.

For the purpose of this section, "vent stoppage" shall mean
the closure of openings, providing entry by rats, with a material
that is impervious to rat gnawing.

The phrase "elimination of rat harborages" shall mean the
effective application of such measures as the following:

Whenever an accumulation of rubbish, boxes, lumber, scrap
metal, car bodies or any other materials provide rat harborage,
the person owning or in control of such materials shall
cause the materials to be removed or the materials shall be
stored so as to eliminate the rat harborage. Lumber, boxes
and similar materials shall be neatly piled. The piles shall
be raised at least a foot above the ground. When the owner
of the material cannot be found after a reasonable search,
the owner or manager of the premises on which the material
is stored shall be responsible for the disposal or proper
piling of the material. (Code 1959, § 15-23.)

Sec. 15-24. Same—Interference with inspection; failure to
comply with health officer's orders.

It shall be unlawful for any person to refuse to permit or
interfere with any inspections pursuant to section 15-23, or


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for any owner or occupant of any building or premises to
fail or neglect to comply with any order issued under the authority
of section 15-23, within the time specified by the
health officer. (Code 1959, § 15-24.)

Sec. 15-25. Removal of ashes, trash, garbage, etc.[149]

All ashes, glass, kitchen garbage consisting in whole or
in part of foodstuff, tin cans and other damp garbage must
be drained and placed in a nonleaking metal container, with
a close-fitting top, of not over thirty gallons capacity.

Dry trash, such as paper, old cartons, weeds, leaves, brush
or brush trimmings, may be placed in the same containers
or may be placed in baskets or boxes, if the material is secured
so as to prevent the trash from being blown therefrom.
Newspapers and magazines may be bundled and tied.

Such receptacles or bundles shall be placed along the edge
of the sidewalk area on such days and at such hours as may
be prescribed in rules and regulations issued by the city
manager.

All such receptacles, unless installed below the ground, shall
be removed by the owner from the sidewalk area and taken
behind the building setback line within a reasonable time
after being emptied.

Factory cuttings, trade wastes or rejected building materials
will not be removed by the city. They may be hauled
to the city dump by the property owner or his agent.

The city manager is hereby empowered to adopt and put
into force such rules and regulations governing the removal
of ashes, garbage and trash as he may deem necessary. Any
such regulations, after approval by the city council, shall have
the force and effect of an ordinance. (Code 1959, § 15-26.)

 
[149]

As to garbage and trash receptacles at food establishments, see
§ 13-25 of this Code. As to hauling garbage, etc., over streets, see
§ 30-54.

 
[143]

For charter provisions as to protection of health generally, see
Char., § 14.

As to the disposal of manure, see § 3-24 of this Code. As to health
and sanitation regulations in regard to barbershops, see ch. 5. As to
food and food establishments generally, see ch. 13. As to minimum
housing standards, see ch. 15.1. As to regulations in regard to milk and
milk products, see ch. 17. As to plumbing, sewers and sewage disposal
generally, see ch. 22.1. As to slaughterhouses generally, see §§ 29-1 to
29-3. As to throwing fruit peels, etc., on sidewalks, see § 30-53. As to
swimming pools, see ch. 31. As to approval of service building at trailer
court, see § 33-7.