City of Franklin, VA Article I In General

§ 6-1 Unsafe buildings, walls or other structures.

[Ord. No. 103, 4-25-1977; amended by Ord. of 7-27-1987; Ord. of 2-22-1999(1); Ord. of 2-22-1999(2); Ord. No. 2005-4, 2-28-2005; 2-22-2010]

(a) All buildings, walls or other structures which are unsafe or unsanitary, or which constitute a fire hazard, or are otherwise dangerous to the health or safety of the public, or which in relation to existing uses constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, are severally, in contemplation of this section, declared unsafe and illegal and shall be repaired, rehabilitated or demolished in accordance with the procedure prescribed in this section.

(b) Whenever the Building Official shall find any such building, wall, structure or portion thereof to be unsafe, as defined in this section, he shall give the owner(s) and lienholder(s), if any, of such property written notice stating the defects thereof. This notice shall require the owner(s) or lienholder(s), within a stated time of not less than 30 days nor more than 60 days, to either complete specified repairs, rehabilitation or improvements to the unsafe building, wall, structure or portion thereof or to demolish and remove the unsafe building, wall, structure or portion thereof. The Building Official may for good cause extend such period, but in no case shall the total time given to make such repairs, rehabilitation, improvements or demolition exceed six months. Written notice shall be mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner and published once a week for two successive weeks in a newspaper having general circulation in the City.

(c) If necessary, the notice given pursuant to Subsection (b) above shall also require the building, wall or structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs, rehabilitation or improvements are completed and inspected and approved by the Building Official. The Building Official shall cause to be posted at each entrance to any unsafe building or structure a notice reading as follows: "THIS BUILDING (OR STRUCTURE) IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL." Such notice shall remain posted until the required repairs, rehabilitation or improvements are made or demolition is completed. It shall be unlawful for any person to remove such notice without written permission of the Building Official or for any person to enter the building or structure except for the purpose of making the required repairs, rehabilitation or improvements or of demolishing the same.

(d) No earlier than 30 days following the later of the return of the receipt or the second newspaper publication required by Subsection (b) above, if the owner(s)s and lienholder(s), if any, of an unsafe building, wall or structure cannot be found, or if such owner(s) or lienholder(s) shall fail, neglect or refuse to comply with the notice to repair, rehabilitate or remove hazards to human life from any premises or to repair, improve or demolish and remove any unsafe building, wall, structure or portion thereof, the Building Official, after having competitively ascertained the cost, may cause such building, wall, structure or portion thereof:

(1) To be vacated, repaired and rehabilitated;

(2) To be vacated, demolished and removed; or

(3) In his discretion, order that such building or structure remain vacant and unoccupied.

(e) Except in emergency case provided for in Subsection (f) below, the owner of a building, wall or structure shall have the right to appeal from the decision of the Building Official made pursuant to this section to the Building Code Board of Appeals. The appeal must be noted not later than 21 calendar days after the later of the return of the receipt or the second newspaper publication of the decision of the Building Official required by Subsection (b) above. When an appeal is perfected, the Building Code Board of Appeals shall schedule a hearing for a specified time and place within 30 days of the filing of the appeal. At the hearing, after hearing such testimony and examining such exhibits as it deems necessary, the Board shall determine if the person noting such appeal shall be required to comply with the notice as served. If the Board determines that the person noting such appeal shall not be required to comply with the notice as served, it may modify the directions in the notice and require compliance with the modified notice.

(f) The decision of the Building Official shall be final in cases of emergency which, in his opinion, involve imminent danger to human life or health by reason of the existence of an unsafe building, wall or structure. He shall promptly cause any such unsafe building, wall or structure or portion thereof to be made safe or removed. For this purpose, he may at once enter such building or structure or land on which such building, wall or structure stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He may vacate adjacent structures and protect the public by an appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way.

(g) Costs incurred under Subsections (d) and (f) of this section shall be charged to the owner of the premises involved. Such cost shall be a lien upon the property and shall be collectible in the same manner as City taxes levied upon real estate are collected. The Building Official shall transmit to the Treasurer a statement of all costs incurred, which costs shall be added to the taxes assessed against the real property on which the building or structure existed, and shall be collected with such taxes.

§ 6-2 Penalty for violations.

[Ord. of 7-27-1987; amended by Ord. of 11-28-1994]

(a) Any owner or any other person, firm or corporation who shall violate a provision of this chapter, including provisions of any code adopted by reference, who shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building or code official or of a permit or certificate issued under the provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than $2,500. Each day that a violation continues shall be deemed a separate offense.

(b) If the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Any person convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000 nor more than $2,500. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under this chapter shall be punished by a fine of not less than $500 nor more than $2,500. Any person convicted of a third or subsequent offense committed within 10 years of an offense under this chapter shall be punished by a fine of not less than $1,500 nor more than $2,500. Notwithstanding the foregoing, those provisions requiring a minimum fine shall apply only to convictions for building code violations which cause a building or structure to be unsafe or unfit for human habitation.

(c) Any owner or any other person, firm or corporation violating any Code provisions relating to the removal or the covering of lead-base paint which poses a hazard to the health of pregnant women and children under the age of six years who occupy the premises shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine of not more than $2,500. If the court convicts pursuant to this subsection and sets a time by which such hazard must be abated, each day the hazard remains unabated after the time set for the abatement has expired shall constitute a separate violation of this chapter. Upon a reasonable showing to the court by a landlord as defined in Code of Virginia, § 55-248.4, that such landlord is financially unable to abate the lead-base paint hazard, the court shall order any rental agreement related to the affected premises terminated effective 30 days from the entry of the court order. For the purposes of the preceding sentence, termination of the rental agreement shall not be deemed noncompliance by the landlord as described in Code of Virginia, § 55-248.21.

§ 6-3 Enforcement.

[Ord. of 11-28-1994]

The Building Official and the Code Official shall be responsible for the administration and enforcement of the provisions of this chapter.

§ 6-4 Abatement of violations.

[Ord. of 11-28-1994]

Conviction of a violation of any of the provisions of this chapter shall not preclude the institution of appropriate legal action to require correction or abatement of the violation or to prevent other violations or recurring violations relating to construction, maintenance and use of a building or premises.

§ 6-5 Reimbursement of expenses incurred from methamphetamine lab cleanup.

[Added 8-13-2012]

§ 6-6 Authority to require removal, repair, etc., of buildings declared to be derelict.

[Added 12-11-2017 by Ord. No. 2017-05; amended 1-22-2018 by Ord. No. 2018-01]

(a) Any owner of property located in the City of Franklin shall at such time or times as the City may prescribe submit a plan to demolish or renovate any building that has been declared a "derelict building" by the Director of Community Development or his/her designee. 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:

(1) Vacant;

(2) Boarded up in accordance with the Building Code; and

(3) 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) If a building qualifies as a derelict building pursuant to this ordinance, the City shall notify the owner of the derelict building that the owner is required to submit to the City a plan, within 90 days, to demolish or renovate the building to address the items that endanger the public's health, safety, or welfare as listed in the written notification provided by the City. Such plan shall be on a form provided by the City 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 the approval by the City. The City shall deliver the written notice to the owner and address listed on the real estate tax assessment records of the City. Written notice shall be sent via certified mail, with the City obtaining a U.S. Postal Service Certified Mail Receipt constituting delivery pursuant to this section.

(c) If the City delivers written notice and the owner of the derelict building has not submitted a plan to the City within 90 days as provided in Subsection (b), the City may exercise such remedies as provided in this section or as otherwise provided by law.

(d) The owner of a building may apply to the City and request that such building be declared a derelict building for purposes of this section.

(e) The City, upon receipt of the plan to demolish or renovate the building, at the owner's request, 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 property owner's plan is to demolish the derelict building, and such plan is approved by the City, the building permit application of the owner shall be expedited. Furthermore, if the owner has completed the demolition within 90 days of the date of the building permit issuance, the City shall refund any building and demolition permit fees. This section shall not supersede any ordinance adopted relative to historic districts. In addition the tax abatement process for demolition may not be available for any property which either is a registered Virginia landmark or is determined by the Virginia Department of Historic Resources to contribute to the significance of a registered historic district.

(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, and such plan is approved by the City, the site plan or subdivision application and the building permit 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% of the standard fees established by the ordinance for site plan or subdivision applications for the proposed use of the property or $5,000 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% of the standard fees established by the ordinance for building permit applications for the proposed use of the property or $5,000 per property. No fees shall be refunded until after a certificate of occupancy has been issued or a final inspection of the work has been approved by the Director of Community Development.

(h) Prior to the commencement of a plan to demolish or renovate the derelict building, at the request of the property owner, the Commissioner of the Revenue or the real estate assessor shall make an assessment of the property in its current derelict condition. On the building permit application, the owner shall declare the costs of the demolition, or the costs of materials and labor to complete the renovation. At the request of the property owner, after demolition or renovation of the derelict building, the real estate assessor shall reflect the fair market value of the demolition costs or the fair market value of the renovation improvements, and reflect such value in the real estate assessment records. The real estate taxes on the amount equal to the costs of demolition or an amount equal to the increase in fair market value of renovations shall be abated for a period of not less than seven years in accordance with the tax abatement provisions of Virginia Code § 15.2-907.1(8), and is transferable with the property. No taxes shall be abated until after a certificate of occupancy has been issued or a final inspection of the work has been approved by the Director of Community Development.

(i) Notwithstanding the provisions of this section, the City may proceed to take action under Section 6-1 of the City Code, or the City may proceed to abate or remove a nuisance under § 15.2-900 et seq. of the Code of Virginia. In addition, the City may exercise such remedies as may exist under the Uniform Statewide Building Code and such other remedies available under general and special law.

§ 6-7 Violations.

[Added 12-11-2017 by Ord. No. 2017-05; amended 1-22-2018 by Ord. No. 2018-01]

(a) Unless otherwise specified, violation of any provision of Sections 6-6 through 6-10 shall be deemed a Class 2 misdemeanor. Each day a violation continues shall be deemed a new and separate violation.

§ 6-8 Enforcement.

[Added 12-11-2017 by Ord. No. 2017-05; amended 1-22-2018 by Ord. No. 2018-01]

(a) The Director of Community Development is hereby vested with the authority to require the abatement of derelict buildings pursuant to the provisions of this ordinance and other applicable codes, laws and regulations.

§ 6-9 Notice of declaration of derelict building.

[Added 12-11-2017 by Ord. No. 2017-05; amended 1-22-2018 by Ord. No. 2018-01]

(a) Whenever it shall come to the knowledge of the Director of Community Development that there exists upon property in the City any derelict building, at the direction of the City Manager he or she may notify the owner of the derelict building that the owner must submit a work plan within 90 calendar days to either demolish the derelict building or renovate the derelict building so that lawful use and occupancy of the building or structure is possible.

(b) Per Section 6-6(b) the notice of declaration of derelict building shall be sent certified mail to the owner at the address in the real estate tax assessment records. If the property owner's address in the real estate tax assessment records is the same as the address of the derelict building, a copy of the notification may also be posted on the derelict building.

(c) The notice of declaration of derelict building shall also constitute a notice of violation.

(d) Any person sent a notice of declaration of derelict building pursuant to this section who shall fail to comply with the time specified for submitting a work plan shall be deemed in violation of this ordinance.

(e) Nothing in this article shall prohibit an owner from requesting that his building or structure be evaluated for a declaration of derelict building.

§ 6-10 Submittal of work plan by owner; approval by Director.

[Added 12-11-2017 by Ord. No. 2017-05; amended 1-22-2018 by Ord. No. 2018-01]

(a) The work plan required to be submitted by the owner shall be on a form prescribed by the Director of Community Development. The work plan must provide a proposed time within which the plan must be commenced and completed. The work plan may include one or more adjacent properties of the owner, whether or not all have been declared to contain a derelict building. The contents of the plan and the proposed schedule shall be subject to the approval by the Director of Community Development and shall be deemed noncompliant until such plan is approved.

(b) Once the plan has been approved the contents of the work plan and schedule for commencement and completion of the work plan shall be binding on the owner. Failure to comply with the contents of the approved work plan or the dates for commencement and completion without a written variance from the Director of Community Development shall be deemed a violation of this ordinance.

(c) Any approval granted under this section shall not relieve the owner of the property located in any historic district from complying with the approval requirements established by relevant provisions of the zoning ordinances before any demolition permit can be issued or any demolition can commence.

§ 6-11 through § 6-20. (Reserved)