2006 Code of Virginia § 15.2-906 - Authority to require removal, repair, etc., of buildings and other structures

15.2-906. Authority to require removal, repair, etc., of buildings andother structures.

Any locality may, by ordinance, provide that:

1. The owners of property therein, shall at such time or times as thegoverning body may prescribe, remove, repair or secure any building, wall orany other structure that might endanger the public health or safety of otherresidents of such locality;

2. The locality through its own agents or employees may remove, repair orsecure any building, wall or any other structure that might endanger thepublic health or safety of other residents of such locality, if the owner andlienholder of such property, after reasonable notice and a reasonable time todo so, has failed to remove, repair, or secure the building, wall or otherstructure. For purposes of this section, repair may include maintenance workto the exterior of a building to prevent deterioration of the building oradjacent buildings. For purposes of this section, reasonable notice includesa written notice (i) mailed by certified or registered mail, return receiptrequested, sent to the last known address of the property owner and (ii)published once a week for two successive weeks in a newspaper having generalcirculation in the locality. No action shall be taken by the locality toremove, repair, or secure any building, wall, or other structure for at least30 days following the later of the return of the receipt or newspaperpublication, except that the locality may take action to prevent unauthorizedaccess to the building within seven days of such notice if the structure isdeemed to pose a significant threat to public safety and such fact is statedin the notice;

3. In the event the locality, through its own agents or employees, removes,repairs, or secures any building, wall, or any other structure aftercomplying with the notice provisions of this section, the cost or expensesthereof shall be chargeable to and paid by the owners of such property andmay be collected by the locality as taxes are collected;

4. Every charge authorized by this section or 15.2-900 with which the ownerof any such property has been assessed and that remains unpaid shallconstitute a lien against such property ranking on a parity with liens forunpaid local taxes and enforceable in the same manner as provided in Articles3 ( 58.1-3940 et seq.) and 4 ( 58.1-3965 et seq.) of Chapter 39 of Title58.1. A locality may waive such liens in order to facilitate the sale of theproperty. Such liens may be waived only as to a purchaser who is unrelated byblood or marriage to the owner and who has no business association with theowner. All such liens shall remain a personal obligation of the owner of theproperty at the time the liens were imposed; and

5. A locality may prescribe civil penalties, not to exceed a total of $1,000,for violations of any ordinance adopted pursuant to this section.

(1968, c. 423, 15.1-11.2; 1992, c. 372; 1994, c. 505; 1995, c. 651; 1996,c. 235; 1997, c. 587; 1999, c. 174; 2003, c. 207; 2004, c. 968; 2006, c. 460.)