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2008 SESSION
084562444Be it enacted by the General Assembly of Virginia:
1. That § 36-105.1:1 of the Code of Virginia is amended and reenacted as follows:
§ 36-105.1:1. Rental inspections; rental inspection districts; exemptions; penalties.
A. For purposes of this section:
"Dwelling unit" means a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household.
"Owner" means the person shown on the current real estate assessment books or current real estate assessment records.
"Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom, unless otherwise provided in the zoning ordinance by the local governing body.
B. Localities may inspect residential rental dwelling units. The local governing body may adopt an ordinance to inspect residential rental dwelling units for compliance with the Building Code and to promote safe, decent and sanitary housing for its citizens, in accordance with the following:
1. Except as provided in subdivision B 3, the dwelling units shall be located in a rental inspection district established by the local governing body in accordance with this section, and
2. The rental inspection district is based upon a finding by
the local governing body that (i) there is a need to protect the public health,
safety and welfare of the occupants of dwelling units inside the designated
rental inspection district; (ii) the residential rental dwelling units within
the designated rental inspection district are either (a) blighted or in the
process of deteriorating, or (b) the residential rental dwelling units are in
the need of inspection by the building department to prevent deterioration, taking
into account the number, age and condition of residential dwelling rental units
inside the proposed rental inspection district; and (iii) the inspection of
residential rental dwelling units inside the proposed rental inspection
district is necessary to maintain safe, decent and sanitary living conditions
for tenants and other residents living in the proposed rental inspection
district. NothingExcept as provided in
subsection C, nothing
in this section shall be construed to authorize a locality-wide rental
inspection district and a local governing body shall limit the boundaries of
the proposed rental inspection district to such areas of the locality that meet
the criteria set out in this subsection, or
3. An individual residential rental dwelling unit outside of a designated rental inspection district is made subject to the rental inspection ordinance based upon a separate finding for each individual dwelling unit by the local governing body that (i) there is a need to protect the public health, welfare and safety of the occupants of that individual dwelling unit; (ii) the individual dwelling unit is either (a) blighted or (b) in the process of deteriorating; or (iii) there is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for tenants living in such individual dwelling unit.
C. Any city or town with a land area of 10 square miles or less may create a localitywide inspection district provided the local governing body has made a finding that the homogeneous distribution of rental units makes establishment of separate inspection districts impractical.
For purposes of this section, the local governing body may designate a local government agency other than the building department to perform all or part of the duties contained in the enforcement authority granted to the building department by this section.
C.D. 1.
Notification to owners of dwelling units. Before adopting a rental inspection
ordinance and establishing a rental inspection district or an amendment to
either, the governing body of the locality shall hold a public hearing on the
proposed ordinance. Notice of the hearing shall be published once a week for
two successive weeks in a newspaper published or having general circulation in
the locality.
Upon adoption by the local governing body of a rental inspection ordinance, the building department shall make reasonable efforts to notify owners of residential rental dwelling units in the designated rental inspection district, or their designated managing agents, and to any individual dwelling units subject to the rental inspection ordinance, not located in a rental inspection district, of the adoption of such ordinance, and provide information and an explanation of the rental inspection ordinance and the responsibilities of the owner thereunder.
2. Notification by owners of dwelling units to locality. The rental inspection ordinance may include a provision that requires the owners of dwelling units in a rental inspection district to notify the building department in writing if the dwelling unit of the owner is used for residential rental purposes. The building department may develop a form for such purposes. The rental inspection ordinance shall not include a registration requirement or a fee of any kind associated with the written notification pursuant to this subdivision. A rental inspection ordinance may not require that the written notification from the owner of a dwelling unit subject to a rental inspection ordinance be provided to the building department in less than 60 days after the adoption of a rental inspection ordinance. However, there shall be no penalty for the failure of an owner of a residential rental dwelling unit to comply with the provisions of this subsection, unless and until the building department provides personal or written notice to the property owner, as provided in this section. In any event, the sole penalty for the willful failure of an owner of a dwelling unit who is using the dwelling unit for residential rental purposes to comply with the written notification requirement shall be a civil penalty of up to $50. For purposes of this subsection, notice sent by regular first class mail to the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed compliance with this requirement.
D.E.
Initial inspection of dwelling units when rental inspection district is
established. Upon establishment of a rental inspection district in accordance
with this section, the building department may, in conjunction with the written
notifications as provided for in subsection CD,
proceed to inspect dwelling units in the designated rental inspection district
to determine if the dwelling units are being used as a residential rental
property and for compliance with the provisions of the Building Code that
affect the safe, decent and sanitary living conditions for the tenants of such
property.
E.F.
Provisions for initial and periodic inspections of multifamily dwelling units.
If a multifamily development has more than 10 dwelling units, in the initial
and periodic inspections, the building department shall inspect only a sampling
of dwelling units, of not less than two and not more than 10 percent of the dwelling
units, of a multifamily development, which includes all of the multifamily
buildings which are part of that multifamily development. In no event, however,
shall the building department charge a fee authorized by this section for
inspection of more than 10 dwelling units. If the building department
determines upon inspection of the sampling of dwelling units that there are
violations of the Building Code that affect the safe, decent and sanitary
living conditions for the tenants of such multifamily development, the building
department may inspect as many dwelling units as necessary to enforce the
Building Code, in which case, the fee shall be based upon a charge per dwelling
unit inspected, as otherwise provided in subsection HI.
F.G. 1.
Follow-up inspections. Upon the initial or periodic inspection of a residential
rental dwelling unit subject to a rental inspection ordinance, the building
department has the authority under the Building Code to require the owner of
the dwelling unit to submit to such follow-up inspections of the dwelling unit
as the building department deems necessary, until such time as the dwelling
unit is brought into compliance with the provisions of the Building Code that
affect the safe, decent and sanitary living conditions for the tenants.
2. Periodic inspections. Except as provided in subdivision FG
1, following the initial inspection of a residential rental dwelling unit
subject to a rental inspection ordinance, the building department may inspect
any residential rental dwelling unit in a rental inspection district, that is
not otherwise exempted in accordance with this section, no more than once each
calendar year.
G.H.
Exemptions from rental inspection ordinance. Upon the initial or periodic
inspection of a residential rental dwelling unit subject to a rental inspection
ordinance for compliance with the Building Code, provided that there are no
violations of the Building Code that affect the safe, decent and sanitary
living conditions for the tenants of such residential rental dwelling unit, the
building department shall provide, to the owner of such residential rental
dwelling unit, an exemption from the rental inspection ordinance for a minimum
of four years. Upon the sale of a residential rental dwelling unit, the building
department may perform a periodic inspection as provided in subdivision FG
2, subsequent to such sale. If a residential rental dwelling unit has been
issued a certificate of occupancy within the last four years, an exemption
shall be granted for a minimum period of four years from the date of the
issuance of the certificate of occupancy by the building department. If the
residential rental dwelling unit becomes in violation of the Building Code
during the exemption period, the building department may revoke the exemption
previously granted under this section.
H.I. A
local governing body may establish a fee schedule for enforcement of the
Building Code, which includes a per dwelling unit fee for the initial
inspections, follow-up inspections and periodic inspections under this section.
I.J. The
provisions of this section shall not, in any way, alter the rights and
obligations of landlords and tenants pursuant to the applicable provisions of
Chapter 13 (§ 55-217 et seq.) or Chapter 13.2 (§ 55-248.2 et seq.) of Title 55.
J.K. The
provisions of this section shall not alter the duties or responsibilities of
the local building department under § 36-105 to enforce the Building Code.
K.L.
Unless otherwise provided in this section, penalties for violation of this section
shall be the same as the penalties provided in the Building Code.