Sec. 16-36. Mosquito control; breeding places declared public nuisance.

(a) Collections of standing or flowing water in which mosquitoes breed or are likely to breed are hereby declared to be a nuisance and detrimental to the public health. Collections of water may include, but shall not be limited to, water contained in vehicle tires, trash piles, drainage ditches, impoundments or ruts caused by heavy equipment.

(b) It shall be unlawful for any owner, occupant or person in charge of any property within the county to have, keep, maintain, cause or permit any collection of standing or flowing water in which mosquitoes breed or are likely to breed, unless such collection of water is treated so as to effectively prevent such breeding. It shall be unlawful for any person to place or cause to be placed or to allow to remain in or about any drain, storm sewer, mosquito control ditch or other construction maintained by the county any material or substance which is likely to obstruct, stop or interfere with the natural flow of water.

(c) The county administrator or his representative may investigate conditions existing on any real property in the county at any time; provided that entry shall not be made on any such property prior to a finding of violation without the consent of the owner or occupant or pursuant to proper legal process unless entry is pursuant to a public easement of right-of-way. Upon a determination that conditions exist on any such property in violation of paragraph (b), written notice shall be provided to the owner of such property, and [or] to the person primarily responsible if different from the owner, stating the facts which constitute a violation of paragraph (b) and directing the owner [or such person responsible for the property] to take such action as may be necessary to rectify such conditions within ten (10) days of the date of the notice and, if the owner shall fail to comply with the terms of the notice, then the county administrator or his representative shall cause to be done such work as may be necessary to abate the offending condition by agents or employees of the county.

(d) All expenses resulting from the correction by the agents or employees of the county of a violation of this section shall be billed to the owner and shall, unless paid in full within fifteen (15) days, be certified by the county administrator to the county treasurer who shall collect such amount in the same manner as taxes are collected; and all charges not so collected shall constitute a lien against such property; provided, however, that no such expenses shall be charged to the owner if in the opinion of the county administrator the offending condition is the direct result of acts or omissions of tidal waters or the Virginia Department of Transportation, the county or any other governmental agency.

(e) Any notice required by this section shall be conclusively deemed to have been served when mailed by certified or registered mail to the current owner and address as shown on the land records of the commissioner of the revenue of the county.

(f) Nothing in this section shall be deemed to prevent the county, with the consent of the owner, from using its employees to correct offending conditions on private property without charge to the property owner.