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2004 SESSION
041720296Be it enacted by the General Assembly of Virginia:
1. That § 36-49.1 of the Code of Virginia is amended and reenacted as follows:
§ 36-49.1. Undertakings constituting a conservation plan; conservations districts.
A. Whenever it appears to the a local governing body of any county, city or
town that a portion of such city, county or town locality is deteriorating and
may be eligible for conservation as provided by this section, and such
governing body adopts a resolution so declaring, an authoritythe local
governing body or its designated agency may, in addition to other powers
granted by this or any other law, investigate such portion of the locality and select
slum, blighted, deteriorated or deteriorating areas and prepare a plan for the
conservation thereof to be known as a "conservation plan." Upon approval of
such plan by the local governing body of the city, county or town, the
authority by ordinance, which shall include a conservation plan, the local
governing body or its designated agency is specifically empowered to do the
following in order to carry out the work or undertaking as called for in such plan (hereinafter called a
"conservation project"), but only in areas designated by the local governing
body in accordance with this section (hereinafter called a "conservation
district") to:
1. To acquire Acquire property within such areas which the conservation
district that is blighted, designated for public use in the conservation plan,
or the use or condition of which is inconsistent with the purposes of the conservation plan or
the provisions of the zoning ordinance or code of the city, county or town
locality;
2. To rehabilitate Rehabilitate or clear property in the conservation district
so acquired;
3. To provide Provide for the installation, construction or reconstruction of
streets, utilities, parks, parking facilities, playgrounds, public buildings and other site
improvements essential to the conservation or rehabilitation planned pursuant
to the conservation plan within the conservation district;
4. To make Make land or improvements within the conservation district so
acquired available to private enterprise or public agencies (by sale, lease or retention of ownership by the authority
itself);
5. To assist Assist the reconstruction of project areas properties in the
conservation district by making loans or grants of funds received from any
public or private source, for the purpose of facilitating the construction,
reconstruction, rehabilitation or sale of housing or other improvements
constructed or to be constructed on land situated within the boundaries of a
conservation project district;
6. To encourage Encourage and assist property owners or occupants within the
conservation area district to improve their respective holdings, by suggesting
improved standards for design, construction, maintenance and use of such properties and offering
encouragement or assistance in other ways including the power to lend money and
make grants to owners or occupants, directed toward prevention and elimination
of blight;
7. To acquireAcquire, construct or rehabilitate residential housing
developments for occupancy by persons of low, moderate and middle income to be owned, operated,
managed, leased, conveyed, mortgaged, encumbered or assigned by an authority or
other agency designated by the local governing body.
Income If applicable, income limits for such persons shall be determined for
each conservation project by an authority by resolution adopted by a majority
of its appointed commissioners, shall be adjusted for household size and may be
revised as an authority deems appropriate. In connection with a residential
housing development, an authority shall have all rights, power and privileges
granted by subdivision 4 of § 36-19, and shall establish rental rates in
accordance with § 36-21. This subdivision shall apply only to (i) a
redevelopment and housing authority created by joint resolution adopted by a city
council of a city on September 27, 1940, and a board of aldermen of a city on
October 1, 1940, and approved by the mayor of a city on October 3, 1940, and
(ii) a redevelopment and housing authority created by a November 2, 1965,
referendum, the initial commissioners of which were appointed by a February 23,
1966, board of supervisors resolution; and
8. The governing body shall conduct a public hearing prior to approval of a
conservation plan Identify in the conservation plan residential dwelling units
that are rented to tenants pursuant to the Landlord Tenant Act (§ 55-217 et
seq.) or the Virginia Residential Landlord Tenant Act (§ 55-248.2 et seq.), to
assist the local building official or other department designated by the local
governing body in enforcing any inspection program adopted by ordinance of the
local governing body in accordance with § 36-105 for residential dwelling units
rented to tenants.
B. The governing body shall conduct a public hearing prior to approval of a conservation plan.