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1999 SESSION
996589203Patrons-- Devolites, Barlow, Baskerville, Christian, Cox, Croshaw, Hamilton, Hull, Ingram, O'Brien and Williams; Senators: Bolling, Maxwell, Ticer and Watkins
Be it enacted by the General Assembly of Virginia:
1. That § 36-49.1:1 of the Code of Virginia is amended and reenacted as follows:
§ 36-49.1:1. Spot blight abatement authorized; procedure.
A. Notwithstanding any other provision of this article, an authority, or any
county, city or town locality [ which does not have an authority ] , shall
have the power to acquire or repair any blighted property, as defined in §
36-49, outside of a conservation or redevelopment area, by exercise of the powers of
eminent domain provided in Title 25, and, further, shall have the power to
hold, clear, repair, manage or dispose of such property for purposes consistent
with this title. In addition, any county with the urban county executive form
of government, any city totally contained within such county, any county with the
county executive form of government which is adjacent to such county, any city with
a population between 52,500 and 54,000, any city with a population between
110,000 and 120,000 and any city with a population between 200,000 and 210,000
the locality shall have the power to recover the costs of any repair or
disposal of such property from the owner. This power shall be exercised only in
accordance with the procedures set forth in this section.
B. The chief executive or designated agency or authority of the county, city,
or town locality shall make a preliminary determination that a property is
blighted in accordance with this article. It shall notify the owner, specifying the reasons why
the property is considered blighted. The owner shall have thirty days within which to respond
with a plan to cure the blight within a reasonable time.
C. If the owner fails to respond within the thirty-day period with a plan that
is acceptable to the chief executive of the agency, authority or locality, the
agency, authority or locality (i) may request the local planning commission to
conduct a public hearing and make findings and recommendations that shall be
reported to the governing body of the county, city, or town locality concerning
the repair or other disposition of the property in question and (ii) in the event a public hearing is
scheduled, shall prepare a plan for the repair or other disposition of the property.
D. Not less than three weeks prior to the date of the public hearing before the
planning commission, the commission shall provide by regular and certified
mail, notice of such hearing to (i) the owner of the blighted property or the
agent designated by him for receipt of service of notices concerning the
payment of real estate taxes within the locality; (ii) the abutting property
owners in each direction, including those property owners immediately across
the street or road from the property; and (iii) the representative neighborhood
association, if any, for the immediate area. The notice shall include the plan
for the intended repair or other disposition of the property. The notice of the
public hearing shall be published at least twice, with not less than six days
elapsing between the first and second publication in a newspaper published or
having general circulation in the county, city, or town locality in which the
property is located. The notice also shall be posted on the property. The
notice shall specify the time and place of the hearing at which persons
affected may appear and present their views, not less than six days nor more
than twenty-one days after the second publication.
E. The planning commission shall determine whether:
1. The owner has failed to cure the blight or present a reasonable plan to do so;
2. The property is blighted;
3. The plan for the repair or other disposition of the property is in accordance with the locally adopted comprehensive plan, zoning ordinances, and other applicable land use regulations; and
4. The property is located within an area listed on the National Register of Historic Places. In such instances, the planning commission shall consult with the locally established architectural review board, if any, regarding the proposed repair or other disposition of the property by the authority or governing body.
F. The planning commission shall report its findings and recommendations
concerning the property to the governing body. The governing body, upon receipt
of such findings and recommendations, may, after an advertised public hearing,
affirm, modify, or reject the planning commission's findings and
recommendations. If the repair or other disposition of the property is
approved, the authority, agency or locality may carry out the approved plan to
repair or acquire and dispose of the property in accordance with the approved
plan, the provisions of this section, and applicable law. Any county with the
urban county executive form of government, any city or town totally contained
within such county, and any county with the county executive form of government
which is adjacent to such county, any city with a population between 52,500 and
54,000, any city with a population between 110,000 and 120,000 and any city
with a population between 200,000 and 210,000 . The locality shall have a lien
on all property so repaired or acquired under an approved plan to recover the cost of (i)
improvements made by such county, city or town locality to bring the blighted
property into compliance with applicable building codes and (ii) disposal, if any. The lien
authorized by this subsection shall be filed in the circuit court where the property is located and
shall be subordinate to any prior liens of record. The governing body may
recover its costs of repair from the owner of record of the property when the
repairs were made at such time as the property is sold or disposed of by such
owner. If the property is acquired by the governing body through eminent
domain, the cost of repair may be recovered when the governing body sells or
disposes of the property. In either case, the costs of repair shall be
recovered from the proceeds of any such sale.
G. Notwithstanding the provisions of this section, unless otherwise provided
for in Title 36, if the blighted property is occupied for personal residential
purposes, the governing body, in approving the plan, shall not allow for an
acquisition of such property if it would result in a displacement of the person
or persons living in the premises. The provisions of this subsection shall not
apply to acquisitions, under an approved plan, by any county with the urban
county executive form of government, any city or town totally contained within such
county, and any county with the county executive form of government which is
adjacent to such county, any city with a population between 52,500 and 54,000,
any city with a population between 110,000 and 120,000, and any city with a
population between 200,000 and 210,000 locality of property which has been
condemned for human habitation for more than one year. In addition, such
county, city or town locality exercising the powers of eminent domain in
accordance with Title 25, may provide for temporary relocation of any person living in the
blighted property provided the relocation is within the financial means of such person.
H. In lieu of the acquisition of blighted property by the exercise of the
powers of eminent domain as herein provided, and in lieu of the exercise of
other powers granted in subsections A through F, any county with the urban
county executive form of government, any county with the county executive form of
government which is adjacent to such county, any city with a population between
110,000 and 120,000, any city with a population between 52,000 and 53,000, any
city with a population between 52,500 and 54,000, any city with a population
between 200,000 and 210,000, and any town with a population between 14,000 and
15,000 a locality may, by ordinance, declare any blighted property as defined
in § 36-49 to constitute a nuisance, and thereupon abate the nuisance pursuant
to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after
written notice by certified mail to the owner or owners at the last known address of such
owner as shown on the current real estate tax assessment books or current real estate tax
assessment records.
I. The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law.