USING VIRGINIA CODE
PROVISIONS TO COMBAT BLIGHT
Cynthia B. Hall, Deputy City Attorney
900 City Hall Building, Norfolk, Virginia 23510
(757-664-4214/FAX 757-664-4201)
e-mail address: cynthia.hall@norfolk.gov
Statutory Reference
Virginia Code Section
15.2-900
(Local
Ordinance
Not
Required)
Cost Recovery
Key Points
Practice Pointers
Allows
locality
to - Code is very broad
maintain
an
action
to and elements easy to
compel a responsible party prove.
to abate a nuisance.
- "Responsible party" is:
- Code is used by many
- owner,
occupier
or localities
as
basis
possessor or of premises
for
Hazmat
Response
- owner
or
agent
of Cost Recovery Program.
material released
- owner
or
agent - Negligence need not
transporting
material
be shown by a locality
whose
negligence
caused except
under
release
transporting material
- "Nuisance" is:
category.
1)dangerous or unhealthy
substances released
Lien against real
2)unsafe, dangerous or property
for
unpaid
unsanitary buildings,
costs
is
authorized
walls, or structures
under 15.2-906(4).
-Allows
locality
to
undertake
abatement
if Code can be used
immediate
and
imminent against
derelict
threat.
structures.
-Allows locality to recover
emergency response costs.
The chart is not intended to be exhaustive.
Instead only the major provisions are
mentioned.
All the Virginia Code Sections referenced herein can be accessed at the
Virginia Legislative Information Service website at leg1.state.va.us under the Code of
Virginia link.
(Amended 2013)
2
Statutory Reference
Virginia Code Section
15.2-901
(Local
Ordinance Required)
General
Nuisance
Provision
Key Points
- Allows locality to require
owner
to
remove
trash,
garbage, litter, refuse and
to cut grass and weeds.
Practice Pointers
- Code
gives
locality
broad
authority
to
eradicate
nuisances.
- Allows locality to perform
removal and cutting if not Enforcement
done
by
owner
after usually begins with
reasonable notice.
a
notice
of
violation.
- Permits issuance of one
notice per growing season.
Enforcement can
be
by
criminal
- Allows locality to charge summons
or
civil
owner
for
costs
of penalty (ticket).
abatement.
- Allows placement of a lien
against real property for
unpaid
costs
with
same
priority
as
unpaid
local
taxes.
- Permits locality to waive
lien to effectuate sale of
property.
- Allows imposition of a
civil penalty in lieu of
criminal sanctions.
3
Statutory Reference
Virginia Code Section
15.2-906
(Local
Ordinance Required)
General
Blight
Provision
Key Points
- Allows locality to require
owner of property to remove,
repair
or
secure
any
building,
wall,
or
other
structure
which
"might"
endanger public health or
safety.
- Allows
locality
to
undertake abatement after 30
days written notice to owner
via
certified
mail
and
publication in newspaper.
Practice Pointers
- Broad
coverage
of
Code makes it a very
useful tool.
Actual
imminent danger
not be shown.
and
need
Repair
may
include
exterior
maintenance
of
building
to
prevent
deterioration so Code
is
useful
for
- Authorizes
locality
to situations not covered
charge owner the costs for under
the
Uniform
abatement if done by the Statewide
Building
locality.
Code
(USBC)
provisions.
- Authorizes placement of a
lien against real property The
notice
with same priority as unpaid requirements
differ
local taxes.
from those under the
USBC so make sure the
- Permits locality to waive notices
to
owner
abatement lien to effectuate clearly
identify
sale of property.
authority under which
the
locality
is
- Authorizes civil penalties proceeding.
for violations.
4
Statutory Reference
Virginia Code Section
15.2-907
(Local
Ordinance Required)
Drug Blight Provision
Key Points
- Allows locality to require
owner of property to correct
“drug blight” which constitutes
present threat.
- “Drug Blight” is:
- a)regular
presence
on
property of persons under
the influence
of drugs
- b)regular
use
of
property
to sell, possess, manufacture
or distribute drugs
- Requires preparation of
Affidavit.
- Requires written notice to
owner to abate.
- Permits locality to abate if
not
done by owner (remove,
repair, secure).
- Permits locality to charge
owner for costs to abate.
- Authorizes placement of lien
against real property with same
priority as unpaid local taxes.
Practice Pointers
- Actual
danger
need not
be alleged only a
"present threat".
Code requires
notices only be
sent regular mail
but may also want
to
send
by
certified mail.
Code can be
used as basis to
close business.
5
Statutory Reference
Key Points
Practice Pointers
Virginia Code Section
15.2-907.1
(Local
Ordinance Required)
Derelict
Building
Provision
- Allows locality to
require
owner
to
submit
plan
to
rehabilitate
a
“derelict building.”
“Derelict
building”
defined as a building or
structure
which
might
endanger
public
health,
safety or welfare and for 6
months or more has been
vacant, boarded up, and not
connected
to
electric,
water or sewer service.
- Owner has 90 days to
submit plan after written
notice.
If
owner
does
not
respond or if plan is not
adequate,
locality
can
repair or demolish.
Provides incentives to
owners to comply (reduction
or waiver of permit fees,
tax
abatement
and
tax
reassessments).
This
provision
gets
to
long-term
vacant
structure
issue.
- Fills in gap left
by building code for
otherwise
structurally
sound
vacant buildings.
- Code addresses the
concern
that
the
mere
fact
that
a
structure is vacant
is
what
causes
blight.
- Locality must have
real
estate
tax
abatement program to
use this provision.
Locality
can
petition
to
be
appointed
as
receiver to repair
derelict
buildings
under 15.2-907.2.
6
Statutory Reference
Key Points
Practice Pointers
Virginia Code Section
15.2-908.1
(Local
Ordinance Required)
Prostitution
Blight
Provision
-
Allows
locality
to
require
owner
to
correct
“bawdy
place” which constitutes a
"present threat".
- “Bawdy Place” is:
any
place
within
or
without any building which
is used for lewdness or
prostitution.
Requires
preparation
of an affidavit.
- Requires written notice
to owner to abate.
- Allows locality to abate
if
not
done
by
owner
(remove, repair, secure).
- Permits City to charge
owner for costs to abate.
- Authorizes placement
of
lien
against
real
property with same priority
as unpaid local taxes.
-
Actual danger need
not
be alleged only a
“present threat”.
Code
requires
notices only be sent
regular mail but may
also want to send by
certified mail.
Code can be used
as basis to close
business.
7
Statutory Reference
Virginia Code Section
15.2-909
(Local
Ordinance Required)
Abandoned Vessels and
Derelict
Piers
Provision
Key Points
Permits
locality
to
require
owners
of
real
property to remove, repair
or
secure
any
abandoned
vessel or derelict wharf,
pier, piling or bulkhead if
a threat to public safety or
a
threat
to
navigation
exists.
Locality
may
remove,
repair or secure if owner
refuses
to
do
so
after
reasonable notice and time
period to do so, or if
lawful
owner
cannot
be
determined, after notice in
newspaper.
- Locality may charge owner
for abatement and locality
may place a lien against
owner's real property which
can also be reduced to a
personal judgement.
Practice Pointers
- This code can be
used
to
require
landowner
to
correct waterfront
blight.
Determining
ownership
of
vessels
is
very
complicated.
8
Statutory Reference
Virginia Code Section
15.2-1115
(Local
Ordinance Authorized)
General
Nuisance
Provision
Key Points
- Broad nuisance
authority
for
corporations.
Practice Pointers
abatement - This code can be
municipal used as a tool to
protect
public
health and safety.
- Municipal corporation may
regulate
weeds,
snow
removal, filling, drainage,
unsafe
or
dangerous
buildings,
and
unhealthy
substances.
- Requires reasonable notice
to owner or occupant.
- Allows for abatement by
municipal corporation.
-Allows
corporation to
abatement
and
charges in the
as unpaid taxes.
municipal
charge for
to
collect
same manner
(tax sale)
Authorizes placement of
lien against real property
with same priority as unpaid
taxes for amounts due over
$200.
9
Statutory Reference
Virginia Code Section
15.2-1127
(Local
Ordinance Required)
Vacant
Building
Registration
Provision
-
Key Points
Practice Pointers
- Allows City to require - This
code
registration of a building provides
a
vacant for more than 12 mechanism to track
months.
vacant buildings in
the community.
- Allows
City
to
assess
registration
fee
up
to
$100.00.
Provides
penalty
of
$200.00
for
failure
to
register or up to $400.00 if
a conservation or blighted
area.
- Requires notice be sent 30
days prior to assessment of
penalty.
10
Statutory Reference
Key Points
Practice Pointers
Virginia Code Section
18.2-258
(Local
Ordinance
Not
required)
Drug Letter Procedure
Provides
that
any
structure,
vehicle,
aircraft or vessel that is
frequented
with
the
knowledge
of
the
owner,
operator, lessor, tenant,
or manager by persons under
the influence of drugs, or
for
possessing,
manufacturing,
or
distributing drugs, is a
"common nuisance".
Person
who
knowingly
permits, keeps or maintains
a common nuisance is guilty
of a class 1 misdemeanor.
A
second
or
subsequent
offense
is
a
class
6
felony.
- Permits Court to close
premises after hearing.
- Allows
owner
to
seek
immediate
termination
of
rental agreement for tenant
violator.
- Provides for forfeiture
in certain instances.
-
Use
of
requires
assistance
police.
code
of
- To help establish
"knowledge"
a
notification
letter
of
drug
activity
should be sent to
person.
The letter
puts
person
on
notice
and
serves
as a tool for owner
or lessor to seek
immediate
eviction
of tenant.
11
Statutory Reference
Virginia Code Section
36-49.1:1
(Local
Ordinance
Not
Required)
Spot Blight Provision
Key Points
- Gives locality authority,
inside and/or outside of a
conservation
and
redevelopment
area,
to
acquire
or
repair
"blighted" property.
- "Blighted
property”
defined as “any individual,
commercial, industrial or
residential
structure
or
improvement that endangers
the public’s health, safety
and
welfare
because
the
structure or improvement is
dilapidated,
deteriorated,
or violates minimum health
and safety standards.”
- Requires notification to
owner and preparation by
owner of a plan to cure
blight within 30 days.
Allows
declaration
of
“blight” by ordinance and
allows locality to choose
remediation option.
- Allows placement of a
lien against property for
abatement costs with same
priority as tax lien.
- Prohibits acquisition by
locality
if
premises
occupied
FOR
“personal
residential
use”
unless
declared unfit for human
habitation.
- Alternatively, authorizes
locality
to
declare
by
ordinance
that
blighted
property is a nuisance.
Practice Pointers
- Broad coverage.
- This code gives
all localities power
to go after "spot
blight".
- This
code
essentially
makes
eradication of spot
blight
a
public
purpose for purposes
of eminent domain.
- This code allows
locality
to
take
title
to
blighted
property not just to
repair or secure.
- This code amended
in 2009 to streamline
process.
12
Statutory Reference
Virginia
Code
Sections 48-1 to 48-6
(No Local Ordinance
Required)
Citizen
Suit
for
Public
Nuisance
Provisions
Key Points
- Authorizes 5 or more
Citizens to file complaint
in
Circuit
Court
about
existence
of
public
nuisance.
Practice Pointers
- Localities do not
take an active role
in these proceedings
but some localities
do
send
out
notification letters
- Requires Court to summon to persons causing
a special grand jury to the nuisance.
investigate complaint.
- This
can
be
a
very
powerful
tool
- Holds owner who allowed
the nuisance to continue or for citizens to use.
any person who caused or
created
the
nuisance,
responsible.
- Provides a penalty of not
more than $25,000.00 plus
costs.
- Requires
removal
abatement of nuisance.
and
13
STATE LAWS RELATING TO
TAX SALES USED TO COMBAT BLIGHT
Statutory Reference
Virginia Code Section
58.1-3965
(Local Ordinance Not
Required)
Key Points
-
Allows land to be sold at a tax sale if:
(1)
Taxes are delinquent for 2 years.
(2)
Taxes are delinquent
which is situated a:




(3)
Virginia Code Section
58.1-3970.1
(Local Ordinance Not
Required)
for
1
year
and
upon
Condemned building
Any nuisance under 15.2-900
Any derelict building under 15.2-907.1 or
Any blighted property under 36-49.1:1
Taxes are delinquent for 1 year on real
estate assessed at less than $100,000, where
there exists nuisance abatement liens older
than 1 year.
Property subject to sale at public auction
- Allows for title transfer to locality where
property is assessed at $50,000 or less, the parcel
has delinquent taxes or nuisance abatement liens and
the taxes, liens, and penalties exceed 50% percent of
the assessed value of the property or the taxes alone
exceed 25% percent of the assessed value.
- Locality petitions Circuit Court for execution of
deed to convey title to locality in lieu of sale at
public auction.
- Circuit Court conducts hearing.
- If City later sells parcel, any surplusage must be
paid to lienholders and owners.
14
Statutory Reference
Key Points
Virginia Code Section
58.1-3228
(Local Ordinance Not
Required)
Permits the governing body of any county, city
or town to adopt an ordinance authorizing the
locality to release all liens for delinquent real
estate taxes (including penalty and interest) to
facilitate conveyance of property if:
1.
Purchaser is unrelated by blood or marriage
to
owner;
2.
Purchaser has no business association with
the owner;
3.
Purchaser owes no delinquent real estate for
any property, and
4.
The
property
is
valued
at
less
than
$50,000.00.
All liens remain the personal obligation of the
owner of property at the time the liens were imposed.
Virginia Code Section
58.1-3965.1
A City may by ordinance institute proceedings to
sell property after one year delinquency on real
estate taxes (formerly the required time period
before a City could sell for unpaid taxes was 1 year
if property condemned by code official; 2 years if
uncondemned property, and 3 years if abandoned
property).