In addition to the remedies provided by County ordinance or
the Virginia Code, the County may protect public health, safety and
welfare by addressing derelict buildings as provided in this article.
A.
The owners of property in the County shall, at such time or times
as the Board of Supervisors may prescribe by resolution, submit a
plan to demolish or renovate any building that has been declared a
derelict building. For purposes of this article, "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 that, for a continuous
period in excess of six months, has been:
B.
If a building qualifies as a derelict building pursuant to this section,
the County shall notify the owner of the derelict building that the
owner is required to submit to the County 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 County. Such plan may be on a form developed
by the County 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 County. The County shall deliver the written notice
to the address listed on County real estate tax assessment records.
Written notice sent by first-class mail, with the County obtaining
a U.S. Postal Service Certificate of Mailing, shall constitute delivery
pursuant to this section.
C.
If the County delivers written notice and the owner of the derelict
building has not submitted a plan to the locality within 90 days as
provided in this article, the County may exercise such remedies as
provided herein or as otherwise provided by law.
D.
The owner of a building may apply to the County and request that
such building be declared a derelict building for purposes of this
section.
E.
The County, 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,
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 County shall refund any building
and demolition permit fees. This section shall not relieve a property
owner of the requirement to obtain a certificate of appropriateness
for demolition or exterior alteration for a historic structure, if
applicable.
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% 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.
H.
Prior to commencement of a plan to demolish or renovate the derelict
building, at the request of the property owner, the Commissioner of
Revenue shall make an assessment of the property in its current derelict
condition. On the building permit application, the owner shall declare
the costs of 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 Commissioner of Revenue
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 tax assessment records. 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 15 years, and is transferable with the property.
However, if the County has adopted a tax abatement program for less
than 15 years, as of July 1, 2009, the County may provide for a tax
abatement period of not less than five years. 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.
State Law reference — Authorized by
Code of Virginia, § 15.2-907.1
