In Va. Beach, lower penalty sought for grass that's too tall

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