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 Chesterfield County
 Code of Ordinances
 Part II. THE CODE
 Chapter 5. BUILDINGS

  § 5-7.4. Same—Procedures for declaring blight; notification of owner, public hearings.  

Latest version.

  • (a)

    The building official or his designee shall make a preliminary determination that a property is blighted in accordance with section 5-7.3 and shall notify the owner by regular and certified mail, specifying the reasons why the property is considered blighted property. The notice mailed to the owner also shall be posted on the property. The owner shall have 30 days from the date the notice is sent in which to respond with a written plan that would cure the blight within a reasonable time.

    (b)

    The departments of building inspection, community enhancement, and planning will review the owner's written plan to determine whether it will cure the blight within a reasonable time. The plan shall be submitted on a form developed by the department of community enhancement and shall include a proposed time within which the plan will be commenced and completed. The building official or his designee shall have authority to issue a final approval of the written plan. Upon approval of the written plan to cure blight, the owner shall have a reasonable time not to exceed 90 days to complete all work approved in the plan. The building official or his designee may grant extensions of time to complete work where in his opinion the owner has completed substantial portions of the work in compliance with the plan.

    (c)

    If the owner fails to respond within the 30-day period set forth in section 5-7.4(a) with a plan that is acceptable to the director of the department of community enhancement, or fails to complete the work approved in the written plan to cure blight and has not been granted an extension of time to complete such, the director of the department of community enhancement may request the board of supervisors to declare the property to be blighted property by adopting an ordinance making such declaration.

    (d)

    Following the adoption of an ordinance declaring a property as blighted property, the director of the department of community enhancement, in consultation with the departments of building inspection and planning, may prepare a spot blight abatement plan for the property to hold, clear, repair, manage, or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and applicable law. No spot blight abatement plan shall be effective until written notice has been sent to the property owner of record. Written notice shall be sent by regular mail to the last address listed for the owner on the assessment records for the property, together with a copy of the spot blight abatement plan prepared by the director of the department of community enhancement. The county shall have the power to acquire or repair any blighted property by purchase or through the exercise of the power of eminent domain.

    The county shall have a lien on all blighted property repaired or acquired under an approved spot blight abatement plan to recover the cost of:

    (1)

    Improvements made by the county to bring the blighted property into compliance with applicable building codes; and

    (2)

    Disposal, if any.

    The lien shall bear interest at the legal rate of interest beginning on the date the repair or disposal is completed through the date on which the lien is paid. The lien authorized by this subsection shall be filed in the circuit court and shall be treated in all respects as a tax lien and enforceable in the same manner as provided in Code of Virginia, title 58.1, ch. 39, Arts. 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.). The county may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired through eminent domain, the cost of repair may be recovered when the county sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale.

    (Ord. of 11-13-02, § 1; Ord. of 9-26-07, § 1; Ord. of 8-26-15(1), § 1; Ord. of 9-25-19(2), § 1)

(Ord. of 11-13-02, § 1; Ord. of 9-26-07, § 1; Ord. of 8-26-15(1), § 1; Ord. of 9-25-19(2), § 1)