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ACROSS SESSIONS
- Subject Index: Since 1995
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- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
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) 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) 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 section, reasonable notice shall
include a written notice (i) mailed by certified or registered mail, return
receipt requested, sent to the last known address of the property owner and
(ii) published in a newspaper having general circulation in the locality in
accordance with the applicable provisions of § 15.1-504. No action shall be
taken by the locality to remove, repair or secure any building, wall or other
structure for at least thirty days following the later of the return of the
receipt or newspaper publication. A bill in equity shall be filed in
the circuit court of the county or city in which such property is located
asking the owners of such building, wall or other structure to remove, repair
or secure same as may be appropriate. Any party who is not otherwise served
shall be served by publication pursuant to § 8.01-316;
(3) 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) 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.