The Board of Supervisors finds that deteriorating properties,
including the improvements and the land on which they are built, have
a deleterious effect on property values and the quality of life in
the area surrounding them. This article is enacted to provide for
the abatement of blight which threatens the health, safety, morals
and welfare of the community.
The County may clear or repair any blighted property as defined
herein in order to abate blight. In addition, the County may recover
the cost of any clearing or repair of such property from the owner.
As used in this article, the following terms shall have the
meanings indicated:
Any individual commercial, industrial, or residential structure
or improvement that endangers the public's health, safety, or
welfare because the structure or improvement upon the property is
dilapidated, deteriorated, or violates minimum health and safety standards,
or any structure or improvement previously designated as blighted
under the process for determination of spot blight.
A structure or improvement that is a blighted property as
defined herein.
The written plan prepared by the owner or owners of record
of the real property to address spot blight. If the owner or owners
of record of the real property fail to respond as provided in this
chapter, the County can prepare a spot blight abatement plan to address
the spot blight with respect to an individual commercial, industrial,
or residential structure or improvement, but may only implement such
plan in accordance with the provisions of this article.
A.
The County Administrator, or his designee, shall make a preliminary
determination that a property is a blighted property under this article.
The administrator, or his designee, shall provide written notice as
indicated by the last address listed for the owner on the County's
assessment records of such property, that the property has been determined
to be blighted. The notice shall describe the conditions of the property,
and shall provide any other reasons, which form the basis for this
determination.
B.
The owner of property that has been preliminarily determined to be
blighted shall have 30 days from the date of the notice in which to
present to the County Administrator, or his designee, a plan to eliminate
or otherwise cure, within a reasonable period of time, the blighted
conditions.
A.
If the owner of a property that has been preliminarily determined
to be blighted does not respond or fails to present the abatement
plan which is acceptable to the County Administrator, or his designee,
the Administrator, or his designee, may request that the Board of
Supervisors adopt an ordinance declaring the property to be blighted
and make findings and recommendations regarding the property, including
approving a plan for the repair or other disposal, or for the acquisition
and repair or other disposal, of the property ("spot blight abatement
plan").
B.
Prior to the Board meeting to consider the ordinance to declare the
property as blighted and the spot blight abatement plan, the County
Administrator, or his designee, shall cause a notice of the date,
time, place and purpose of the hearing to be sent, by regular mail,
to the last address listed for the owner on the County's assessment
records for the property, together with a copy of such spot blight
abatement plan prepared by the County.
C.
If the Board of Supervisors determines the property to be blighted
and the County's plan for the property, in whole or in part,
to be appropriate, the County may then carry out the approved plan.
The Board of Supervisors shall not approve, under this article,
any plan for the acquisition of property that is occupied for personal
residential purposes if the plan will result in the displacement of
any persons residing in the property, unless the acquisition is authorized
by Title 36 of the Code of Virginia (1950), as amended; provided that
this section shall not apply to the acquisition of property that has
been condemned for human habitation for more than one year. In addition,
if the Board of Supervisors exercises the powers of eminent domain
in accordance with Code of Virginia Title 25.1, may provide for temporary
relocation of any person living in the blighted property, provided
the relocation is within the financial means of such person.
A.
The County shall have a lien on all property so repaired or acquired under an approved spot blight abatement plan to recover the cost of i) improvements made by the County to bring the blighted property into compliance with applicable building codes and ii) disposal, if any. The lien authorized by this subsection may be recorded as a lien among the land records of the circuit court, which lien shall be treated in all respects as a tax lien and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. The County may recover its costs of repair from the owner or owners of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner or owners. If the property is acquired by the County through eminent domain, the cost of repair may be recovered when the governing body sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale.
B.
The lien on such property shall bear interest at the legal rate of
interest established in Code of Virginia, § 6.2-301, beginning
on the date the repairs are completed through the date on which the
lien is paid.
In lieu of the acquisition of blighted property by the exercise
of eminent domain, and in lieu of the exercise of other powers granted
herein, the County may, by ordinance, declare any blighted property
to constitute a nuisance, and thereupon abate the nuisance pursuant
to § 15.2-900 of the Code of Virginia. Such ordinance shall
be adopted only after written notice by certified mail to the owner
or owners at the last known address of such owner as shown on the
current real estate tax assessment books or current real estate tax
assessment records. If the owner does not abate or remove the nuisance
and the County abates or removes the nuisance at its expense, the
costs of the removal or abatement of the nuisance shall be a lien
on the property and such lien shall bear interest at the legal rate
of interest established in § 6.2-301, beginning on the date
the removal or abatement is completed through the date on which the
lien is paid.
Nothing in this article shall be construed to relieve an owner
of blighted property, or any other person or entity, from complying
with other applicable laws relating to the development, use, rehabilitation,
condition, maintenance or taxation of real property. The provisions
of this article shall be in addition to any other remedies for blight
abatement set out in state law or County ordinances.
State Law reference — Authorized by
Code of Virginia, § 36-49.1:1.
