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2000 SESSION

007159624
HOUSE BILL NO. 1385
Offered January 24, 2000
A BILL to amend the Code of Virginia by adding a section numbered 15.2-958.1, relating to the sale of certain property in the City of Richmond; civil penalty.
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Patrons-- Baskerville and Hall; Senator: Marsh
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Referred to Committee on Counties, Cities and Towns
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-958.1 as follows:

§ 15.2-958.1. Sale of certain property in the City of Richmond.

A. The City of Richmond may by ordinance provide for the sale of property for the nominal amount of one dollar if such property (i) is tax delinquent and has been conveyed to the locality through use of a special commissioner in accordance with § 58.1-3970.1 or (ii) has been declared a derelict structure, or has unpaid liens, and has been conveyed to the locality in accordance with subsection D.

B. For purposes of this section, a "derelict structure" means a structure which is no longer used for a place of habitation or business and which is in such poor condition as to cause a blight upon the neighborhood in which such structure is located. This determination shall be made by the commission of architectural review or other agency as directed by the mayor or city manager.

C. Upon a finding by the city that a structure is a derelict structure, the city shall notify the last known owner of the property of the finding and inform the owner of any necessary corrective action. If corrective actions are not completed within a time frame designated by the locality, but not less than twelve months from the initial notice to the owner, the city may impose a civil penalty not exceeding $2,000 per month for as long as the owner fails to take the necessary corrective action. The civil penalty may be imposed from the time of the initial notice of violation.

Any such owner summoned or issued a ticket under this section may make an appearance in person or in writing by mail to the department of finance or the treasurer of the city prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.

If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

D. If the city determines that a structure has been a derelict structure, or has had unpaid liens, for five or more years, the city may initiate proceedings for the sale of such parcel of real estate by petitioning the circuit court to appoint a special commissioner to execute the necessary deed to convey such parcel to the locality in accordance with the relevant provisions of Article 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1; however, under the provisions of this subsection, the derelict structure need not be tax delinquent.

E. As a condition of purchase, the city shall require any purchaser to (i) begin repair or renovation of the property within six months of purchase and (ii) complete all repairs or renovations necessary to bring the property into compliance with the local building code within two years of the purchase. The city may include any additional reasonable conditions it deems appropriate in order to carry out the intent of this section and assure that the property is repaired or renovated in a manner which will not detract from surrounding properties. Failure of the purchaser to comply with the requirements and conditions of the sale shall void the purchase. The purchaser shall receive clear title to the property only after compliance with all conditions.