§ 5-6. Authority to remove, repair or secure unsafe, derelict, or defaced structures.
(a)
The building official may require property owners to remove, repair or secure any building, wall or other structure which is located on their property and which the building official has determined:
(i)
Poses a danger to public health or safety or
(ii)
Has a defacement that is visible from a public right-of-way.
(b)
If the building official determines that a building, wall or structure poses a danger to public health or safety, or has a defacement that is visible from a public right-of-way, he shall cause a notice to be served on the owner and any recorded lien holder of the building, wall or other structure, requiring the owner to remove, repair or secure the building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice:
(i)
Mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and
(ii)
Published once a week for two successive weeks in a newspaper having general circulation in the county.
No action shall be taken by the county to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication.
(c)
The property owner shall remove, repair or secure the building, wall or structure, as required by the notice, within 30 days after notice has been given to the owners of such property as provided in subsection (b), whichever is later. If the owner fails to take the action required in the notice within the 30-day period, the building official may remove, repair or secure the building, wall or structure, as required by the notice. With respect to violations of subsection (a)(i), the costs and expenses of removing, repairing or securing shall be charged to and paid by the owners of the property and may be collected by the county as taxes and levies are collected.
(d)
Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, tit. 58.1, ch. 39, art. 3 (§§ 58.1-3940 et. seq.) and art. 4 (§§ 58.1-3965 et. seq.), as amended. The county may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(e)
In addition to the remedies set forth above, any owner of such property in violation of subsection (a)(i) who fails to take the action required in the notice within the 30-day period, shall be subject to a civil penalty of $1,000.00.
(f)
A nonresidential derelict building or structure is one built for business or industrial uses and which is no longer being used for a place of business or industry and which is in such poor condition as to cause a blight upon the neighborhood in which it is located. With the written consent of the property owner, the building official may, through his agents or employees, demolish or remove a derelict nonresidential building or structure, provided that it is neither:
(i)
Located within nor determined to be a contributing property within a state or local history district, nor
(ii)
Individually designated in the Virginia Landmarks Register.
The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust and, if so, shall document the property owner's best reasonable efforts to obtain the consent of that trustee under the deed of trust as may be required under the terms and conditions of that recorded deed of trust. The costs of demolition or removal shall constitute a lien against the property. If the trustee of the first lien deed of trust consents to the demolition or removal, then the lien shall rank on parity with liens for unpaid local taxes and be enforceable in the same manner as provided in subsection (d). In the event the consent of the trustee of the first lien deed of trust is not obtained, the lien for the costs of demolition and removal shall be subordinate to that first lien evidenced by a recorded deed of trust, but shall otherwise be enforceable in the same manner as provided in subsection (d).
(Code 1978, § 6-2.1; Ord. of 9-10-97, § 1; Ord. of 9-17-03, § 1; Ord. of 1-8-14, § 1)
Editor's note— Ord. of 1-8-14, § 1, amended the title of § 5-6 to read as set out herein. Previously § 5-6 was titled authority to remove, repair or secure unsafe or defaced structures.
State Law reference— Authorized by Code of Virginia, § 15.2-906.
(Code 1978, § 6-2.1; Ord. of 9-10-97, § 1; Ord. of 9-17-03, § 1; Ord. of 1-8-14, § 1)