Commission upholds $220 weed-violation ticket for 405 College Avenue after dispute over pollinator garden

The Richmond City Unsafe Building Commission on Aug. 19 upheld a $220 code-enforcement ticket issued to the owner of 405 College Avenue after a dispute over whether the property's front beds constituted a maintained pollinator garden or uncultivated vegetation exceeding allowable height.

Sherry Ritchie of the Richmond Code Enforcement Department told the commission the property, owned by Daniel Sims, had multiple notices dating to May 2021 documenting overgrown vegetation. Inspectors returned to the property in May 2025, took photographs showing vegetation exceeding three feet and issued a cut order; contractors hired by the city performed the cut. Ritchie said she could not reliably distinguish flowering pollinator plants from weeds during her drive-by inspections because there was no edging, mulch or other boundary that would indicate a maintained garden.

Daniel Sims, who appeared at the hearing, said he maintains a pollinator garden with perennial plants including brown-eyed Susan and Asiatic lilies and that he removed weeds identified in the enforcement photos. He provided before-and-after photos and said he had expected follow-up communication after the reinspection; the ordinance provides only one letter before a continuing abatement process, he said, and he had not received a posting or additional notification. Sims said some flowering plants were not in bloom at the time of inspection and that some perennials had been mowed down during the contractor's work.

Neighbors spoke in support of Sims. A neighbor identifying herself as Janet described the garden as a long-standing, well-liked feature that supplies wedding flowers and habitat for pollinators. She said neighbors had not complained and praised the garden's naturalistic approach.

Commissioners and staff discussed whether the property met the code's definition of maintained planting versus overgrown weeds. Staff noted prior notices and that the vegetation exceeded allowed height and included shrubs the inspector asked to be trimmed. Commissioners expressed sympathy for the loss of flowering plants but emphasized the department's need for clear indicators of intentional garden beds and its obligation to apply the ordinance consistently.

After discussion, a commissioner moved to uphold the original weed-violation ticket for $220, the motion was seconded, and the commission approved the motion by voice vote.

Ending

The commission noted it could consider clearer notice language requiring property owners to contact Code Enforcement with a plan of action for atypical garden types, and staff said they would evaluate whether wording of violation letters could be strengthened to encourage earlier communication. The fine stands and the contractor invoice will be paid by the enforcement process; the commission indicated a payment plan could be possible in other instances but did not reduce or waive this fine.