SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

1994 SESSION

LD3908260
HOUSE BILL NO. 316
Offered January 19, 1994
A BILL to amend and reenact § 15.1-11.2 of the Code of Virginia, relating to authority of localities to remove or repair buildings and other structures.
----------

Patrons--Hall, Cunningham, DeBoer, Hull, Jones, D. C., Jones, J.C. and Puller; Senators: Miller, Y.B., Benedetti, Lambert and Marsh
----------
Referred to Committee on Counties, Cities and Towns
----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-11.2 of the Code of Virginia is amended and reenacted as follows:

§ 15.1-11.2. Authority to require removal, repair, etc., of buildings and other structures.

The governing body of any county, city or town may, by ordinance, provide:

(1) That the owners of property therein, shall at such time or times as the governing body may prescribe, remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of such county, city or town;

(2) That the governing body of such county, city or town through its own agents or employees may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of such county, city or town, wherein the owner and lien holder of such property after reasonable notice and a reasonable time to do so, has failed to remove, repair or secure said building, wall or other structure . For purposes of this paragraph, endangerment to the public health or safety shall include any abandoned or blighted building or other structure which is (i) frequented by persons under the influence of illegally obtained controlled substances or marijuana, as defined in § 54.1-3401, or (ii) used for the purpose of illegally obtaining possession of, manufacturing or distributing controlled substances or marijuana ;

(3) That in the event the governing body of such county, city or town, through its own agents or employees removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this section, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the county, city or town as taxes and levies are collected;

(4) That every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.