§ 5-7.8. Same—Authority to require removal, repair, etc., of buildings that are declared to be derelict.

(a)

For purposes of this section, "derelict building" shall mean a residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety, or welfare and for a continuous period in excess of six months, it has been (i) vacant, (ii) boarded up in accordance with the building code, and (iii) not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider.

(b)

The owner of a derelict building may apply to the department of community enhancement and request that such building be declared derelict building for purposes of this section. In such cases, the owner shall submit a plan as required in this section.

(c)

Absent a request from an owner pursuant to subsection (b), if a building qualifies as derelict, the building official shall provide written notice to the property owner that the owner shall submit a plan to demolish or renovate the building. The written notice shall list the items that endanger the public's health, safety, or welfare. The building official shall deliver the written notice by first-class mail to the address listed on the real estate tax assessment records and obtain a U.S. Postal Service Certificate of Mailing.

(d)

The owner shall submit the plan within 90 days of the date of the written notice. 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 plan may include one or more adjacent properties of the owner, whether or not all of such properties may have been declared derelict buildings. The plan shall be subject to approval by the director of the department of community enhancement.

(e)

Upon receipt of the plan to demolish or renovate the building and at the owner's request, the departments of building inspection, community enhancement, and planning shall meet with the owner submitting the plan and provide information to the owner on the land use and permitting requirements for demolition or renovation.

(f)

If the owner's plan is to demolish the derelict building, the building permit application of such owner shall be expedited. If the owner has completed the demolition within 90 days of the date of the building permit issuance, the department of building inspection shall refund any building and demolition permit fees.

(g)

If the property owner's plan is to renovate the derelict building, and no rezoning is required for the owner's intended use of the property, the site plan or subdivision application and the building permit, as applicable, shall be expedited. The site plan or subdivision fees may be refunded, all or in part, but in no event shall the site plan or subdivision fees exceed the lesser of 50 percent of the standard fees established by the ordinance for site plan or subdivision applications for the proposed use of the property, or $5,000.00 per property. The building permit fees may be refunded, all or in part, but in no event shall the building permit fees exceed the lesser of 50 percent of the standard fees established by the ordinance for building permit applications for the proposed use of the property, or $5,000.00 per property.

(h)

If the owner of the derelict building has not submitted a plan to the department of community enhancement within 90 days of the date on the written notice, the county may exercise such remedies as provided in this section or as otherwise provided by law.

(i)

Notwithstanding the provisions of this section, the county may proceed to make repairs and secure the building under section 5-6, or the county may proceed to abate or remove a nuisance under section 5-7.6. In addition, the county may exercise such remedies as may exist under the Uniform Statewide Building Code and may exercise such other remedies available under general and special law.

(j)

To incentivize the property revitalization, an abatement from real estate taxes is granted to property containing a derelict building, subject to the limitations set forth in subsection (k).

(k)

For real property to qualify for the abatement granted by this section, the following criteria shall apply:

(1)

Prior to commencement of the plan required in subsection (d), the property owner must request the real estate assessor to make an assessment of the property in its current derelict condition.

(2)

On the building permit application, the owner shall declare the costs of demolition, or the costs of materials and labor to complete the renovation.

(3)

After demolition or renovation of the derelict building, the property owner shall request the real estate assessor to reflect the fair market value of the demolition costs or the fair market value of the renovation improvements in the real estate tax assessment records.

(4)

The real estate tax on an amount equal to the costs of demolition or an amount equal to the increase in the fair market value of the renovations shall be abated for a period of five years and is transferable with the property.

(l)

The abatement of taxes for demolition shall not apply if the structure demolished is a registered Virginia landmark or is determined by the Department of Historic Resources to contribute to the significance of a registered historic district.

(Ord. of 9-25-19(2), § 1)

(Ord. of 9-25-19(2), § 1)