28.2-1210 - Removal of obstructions or hazardous property from state waters; penalty.
§ 28.2-1210. Removal of obstructions or hazardous property from state waters;penalty.
A. Whenever any wharf, pier, piling, bulkhead, structure, or vessel is foundin or upon the bays, oceans, rivers, streams or creeks of the Commonwealth ina state of abandonment, in danger of sinking, or in such disrepair as toconstitute a hazard or obstruction to the use of such waterway, theCommission may ascertain the owner of the property and require him to repairor remove the property from the waters of the Commonwealth. If the identityor location of the owner remains unknown and unascertainable after a diligentsearch and the posting of proper notice at the last known address of theowner, if known, the Commission may have the property removed from thewaterways of the Commonwealth after giving notice by publication once in anewspaper of general circulation in the area where such property is located.
B. It is unlawful for any person who owns a vessel to allow such vessel, formore than one week after delivery of notification by the Commission or alaw-enforcement official in person or by United States Postal Servicecertified mail, return receipt requested, to be in a state of abandonment andin danger of sinking, or in such disrepair as to constitute a hazard orobstruction to the use of a waterway. Upon the occurrence of a naturaldisaster or other act of God, the Commission or law-enforcement officialshall not issue a notification until sixty days following such occurrence.Any person who violates this subsection is guilty of a Class 3 misdemeanor.
(1974, c. 602, § 62.1-194.1:1; 1992, c. 836; 1997, c. 258; 1999, c. 544.)