Montgomery County, VA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Sec 7-53 makes it unlawful to cause, harbor, commit or maintain any nuisance under state statute, common law or the county code anywhere in Montgomery County. Sec 7-54 then enumerates specific nuisances, including all obstructions caused or permitted on any street or sidewalk to the danger or annoyance of the public, along with stones, rubbish, dirt, filth, slops, vegetable matter or any other article thrown or placed on or in a street, sidewalk or public place that could injure or annoy the public, plus sidewalks, gutters or curbstones left unsafe or out of repair.

The list is not exclusive; any other act or condition that is a nuisance under state law or common law is also covered. Enforcement runs through the abatement procedure in Sec 7-57: the county health officer investigates on complaint or inspection, and if a nuisance condition is found, issues written notice to the owner, occupant or person in charge, describing the condition and setting a deadline to remedy it that cannot exceed ten days. The property owner can appeal to the Board of Supervisors within two days of the notice, staying the deadline pending the board's decision.

If the health officer's notice states the condition is an imminent hazard to health, safety or welfare, the shorter compliance requirement applies immediately regardless of appeal. If the notice is ignored, the health officer can direct the county to remedy the condition itself and bill the cost to the responsible party as if it were a county tax.