VIRGINIA BEACH
In principle, everyone at City Hall agrees: No residents should face jail time for not mowing their lawns.
But in practice? That's where viewpoints diverge.
Councilman Bill DeSteph is on a crusade to make violating the city's "Excessive Growth of Weeds and Grass" ordinance a civil offense, not a criminal offense. The maximum penalty for the Class II misdemeanor is up to a $1,000 fine and up to six months in jail.
"The crime is supposed to fit the punishment," DeSteph said. "Do you think it's a criminal offense that should be on your record forever if you don't cut your grass? I don't think it should."
The criminal penalty has the teeth to make people cut their grass and is less administratively cumbersome than the civil process, which involves more city offices and paperwork, city officials said.
"We just want to gain compliance," said Wells Freed, the city's code enforcement administrator. "We don't want to take anybody to court."
Chesapeake and Norfolk use criminal penalties for tall grass; Portsmouth cuts the grass and charges the property owner; and Suffolk uses civil penalties, according to a city report.
Last year, Virginia Beach cited 7,064 people for letting their grass grow more than 10 inches tall, a city analysis found. Most people got out the lawn mowers within the seven-day grace period and were not penalized.
One hundred people didn't cut their grass and ended up in court. Three-quarters of those were dismissed because the homeowners cut the grass before their court date. Twenty-two were found guilty and were fined between $50 and $250. None went to jail.
DeSteph is proposing a $100 civil fine for first-time offenders.
City officials worry that people might just pay the fine and not cut their grass.
"It's more or less a loophole," said Andy Friedman, director of the Department of Housing and Neighborhood Preservation. "The violation can essentially remain."
"Then you fine them again," DeSteph said. "The problem will be solved."
Long grass can affect property values, harbor mosquitoes and rodents, and create fire hazards, Friedman said.
DeSteph said he'd received numerous e-mails calling for a change to the ordinance. One said: "That whole idea of 6 months in jail for the minor infraction of +10 inches tall grass is beyond ridiculous!!!!!! It's Draconian!!!!!!! I just watched you use great judgment."
The debate has put City Council members in an awkward position. Do they side with staffers and risk appearing heavy-handed or do they join DeSteph's fight?
"There's got to be some middle ground here," said Councilman Jim Wood, adding that criminal penalties for not cutting grass seem too severe. "If the civil process is going to cost more and yield less compliance, then give us an alternative."
City staffers are scheduled to brief the Council on the issue Tuesday.
In a city memo, Friedman noted the city uses criminal penalties for other seemingly minor offenses, including trick-or-treating over age 12, improper use of a cane or walking stick, and sleeping in automobiles.
"Of course we should we fix those," DeSteph said. "If something's not right, we need to fix it."
Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com
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Cut Your Grass!
This is more craziness thanks to Bill DeSteph. He knows no one has ever been jailed for this, and no one ever will. Either leave it alone and move on to real issues facing the city (yes we have plenty of 'em), of just change it and move on. This isn't worth news coverage or any of the Council's time.
grasscops
which va beach councilman doesn't cut his grass in a neighboring city and has it abated by the neighboring city?
Tall Grass
"Last year, Virginia Beach cited 7,064 people for letting their grass grow more than 10 inches tall, a city analysis found."
Who in the City of Va Beach is responsible for the grass in the right-a-way and medians that are allowed to grow for several weeks and 12" to 15" high before being cut? The City of Va Beach needs to practice what it cites others for!!!!!!!!!!
Is this article serious?
This is meant to be newsworthy and the headline on today's PilotOnline? With all the serious news and current issues going on, some real journalism or even investigative journalism would be appreciated. Surely there is something that could be of real interest and informative that could be written about. It is clear that judges have not availed themselves of the opportunity to go overboard and sentence someone to jail, so there is no story here. There are a lot of laws on the books that are out of whack. This was a waste of a reporters time.
Ther are lucky
McDonnel would love to give the "death Penalty" if he could. (in the name of God) that is.
ok..
I agree, making this a criminal aspect is a little insane, but has anyone ever tried living next to someone who doesn't mow their lawn? I am not talking about the grass that's up to your shin, but grass that ends up being waste high. It brings the neighborhood down. It attracts bugs and rodants and honestly I think it's pure laziness that people can't mow their lawn. I am NOT talking about the person who goes out of town for a couple of weeks. I don't think anyone here is talking about that. It's the people who go months and months with out doing it. I think people either need to pay the neighborhood kids looking to make some extra money to do it for them, or if you're in a situation where you physically can't do it, ask for help. There are still some good people out there who will help out their neighbor in need!
I was one of those 7000+ last year
Lets see, had to travel for work (one week), got back, had to go on an emergency trip to my inlaws two days later (it rained during those days). Came back, had pneumonia myself, lasted a week. Rain, three days, then a death in the family (out of state; had to go to Pennsylvania). Got back at 8:00 pm Sunday, needed to go to work the next day, exhausted after driving 11 hours, and knowing I would have to work 12+ hour days the next week... but no, I have a citation for having "tall grass" (it was 5", except for a few weeds that had shot taller quicker). Took me until 10:00 that night cutting grass, in the dark.
If I had been injured, I would have sued Virginia Beach. The city grass height inspectors can kiss my rump, it's >MY< yard, >MY< home. If I wanted grass gestapos, I would live in a condo development.
is it the average lenght of grass or those few long weeds hehehe
Sound kind funny. I think Va Beach wants to rival with Norfolk on who can make the more ridiculous laws. Yes we all need to cut our grass but would not a fix be like 2 warnings and then hiring a contractor to cut it at a nominal fee for this type work. But a criminal charge is sorta over the top.
It's ANY grass
Mine was mostly about 5" when I got a letter from the grass gestapos last year. There were a few strands that had shot up higher than 10", but they were by far the outliers.
Suffolk Has It Right
Don't charge citizens, do what Suffolk does. Cut their grass, and send them a bill. Charge them top dollar landscaping rates too! That will create decent paying landscaping jobs, provide steady work, and motivate people to take care of their property.
Repeat procedure for excessive trash, derelict vehicles and boats, unkept bushes and trees. I'm tired of keeping my property up while others live like squaters.
If they don't pay their bill, put a lien on their property. Eventually it will sink in to them to take care of their messy properties.
That's stimulus we can believe in!
What is the big deal?
What is the big deal? Ok, don’t make it a criminal offence. Make it a civil offence. Send one notice requesting compliance and if the owner of record fails to correct the situation mow it and charge the owner. If the owner refuses to pay put a lien on the property. The property can never be sold until the lien is satisfied. All related expenses should be incorporated into the lien. Simple. Considering the problems Virginia Beach has, this is minor.
Disproportionate Punishment
Running a Red Light and caught by the Red Light Camera; Civil penalty $50.00. Don't mow the lawn; $1000.00 and 6 months in jail. Which poses a greater danger to the public. City Council must think tall grass is a greater danger
Fine them all!
Let's be honest, this is a great law. I think we can do away with the criminal side IF we do away with the 7 day grace period, and fine immediately once you are caught.
I don't feel bad at all for the people that can't manage to cut their grass. I commute to DC 3-4 days per week, yet muster the courage and strength [yes, i was being sarcastic] to cut and maintain my yard weekly.
It is a pride issue more than anything. Have pride in your home, your neighborhood and your community.
PS...If you have a boat or a junky car in your front yard or driveway, you should be fined as well.
Cheers!
Amazing....
Thank God Stolle just did away with the home monitoring/work release programs. These hard core, non-grass cutting criminals are just too dangerous to be running loose. Hopefully soon, McDonnel will fry them.
This city and state are ridiculous! Anyone want to contribute to my "Get me the %&*# Outta Here" fund? Everytime I make any money it either gets sucked up in taxes or I'm paying yet another lawyer because nowadays dang near everything I do is illegal due to out of control legislators/legislation.
DeSteph, this is good and Jim Wood, I am totally shocked that you are in agreement about the excessive penalties. Finally some form of advocacy for the citizens but where did this go wrong in the first place? Did VB/VA make a pact with the devil years ago?
Catcher in the Rye.........Grass
Hmmmm, shaping up to be a slow month for VB city Govt. huh?
Trim yer grass folks, and make them go look elswhere for their revenue.
Practice what you preach
Do they care about the recent widow whose lawnmower broke and she couldn't afford to get it repaired or get a new one immediately because her budget was too tight. Maybe they don't remember last summer when their budget was tight and they failed to cut the grass in the medians and near the on/off ramps of 264. A bunch of hypocrites.
I'm surprised this is even a concern. . .
I'm surprised this is even a concern or news worthy for that matter. What's even better is this public outcry of mismanaged government. Is this really a problem for most of us, I didn't even know there was a penalty for this sort of thing because everyone I know takes responsibility for their yard. If this is really an issue with any of you than common sense must have escaped you a really long time ago. And if any of you are really worried about going to jail or being fined I suggest buying a condo or moving into an apartment where you can live without a lawn and can be protected from yourselves or your neighbors.
Come on now, again....
it is not all about the grass that affects the property value. Now a days, the value of property is higher than it should be and it should be less than what it is really valued for, even withOUT overgrown grass, LAZINESS and all....
Come on now....
it is not all about the grass that affects the property value. Now a days, the value of property is higher than it should be and it should be less than what it is really valued for, even with overgrown grass and all....
Notice of a life beyond my home.
I know every time I go on vacation or even in the hospital I will come home to a note on my door from the city demanding I mow my lawn.