2006 Code of Virginia § 36-3 - Definitions

36-3. Definitions.

The following terms, when used or referred to in this chapter, shall have thefollowing respective meanings, unless a different meaning clearly appearsfrom the context:

"Area of operation" means an area that (i) in the case of a housingauthority of a city, shall be coextensive with the territorial boundaries ofthe city; (ii) in the case of a housing authority of a county, shall includeall of the county, except that portion which lies within the territorialboundaries of (a) any city, and (b) any town that has created a housingauthority pursuant to this chapter; (iii) in the case of a housing authorityof a town, shall be coextensive with the territorial boundaries of the townas herein defined.

"Authority" or "housing authority" means any of the politicalsubdivisions created by 36-4.

"Blighted area" means any area that endangers the public health, safety orwelfare; or any area that is detrimental to the public health, safety, orwelfare because commercial, industrial, or residential structures orimprovements are dilapidated, or deteriorated or because such structures orimprovements violate minimum health and safety standards. This definitionincludes, without limitation, areas previously designated as blighted areaspursuant to the provisions of Chapter 1 ( 36-1 et seq.) of this title.

"Blighted property" means any individual commercial, industrial, orresidential structure or improvement that endangers the public's health,safety, or welfare because the structure or improvement upon the property isdilapidated, deteriorated, or violates minimum health and safety standards,or any structure or improvement previously designated as blighted pursuant to 36-49.1:1, under the process for determination of "spot blight."

"Bonds" means any bonds, notes, interim certificates, debentures, or otherobligations issued by an authority pursuant to this chapter.

"City" means the same as that term is defined in 15.2-102.

"Clerk" means the clerk or secretary of the city or the clerk of thecounty, as the case may be, or the officer charged with the dutiescustomarily imposed on such clerk.

"Conservation area" means an area, designated by an authority that is in astate of deterioration and in the early stages of becoming a blighted area,as defined in this section, or any area previously designated as aconservation area pursuant to this chapter.

"County" means the same as that term is defined in 15.2-102.

"Farmers of low income" means persons of low income who derive theirprincipal income from operating or working on a farm.

"Farm structure" means the same as that term is defined in 36-97.

"Federal government" means the United States of America, the United StatesDepartment of Housing and Urban Development, or any other agency orinstrumentality, corporate or otherwise, of the United States of America.

"Governing body" means, in the case of a city or town, the council(including both branches where there are two), and in the case of a county,the board of supervisors or other governing body.

"Housing project," means any work or undertaking: (i) to demolish, clear orremove buildings from any slum area; such work or undertaking may embrace theadoption of such area to public purposes, including parks or otherrecreational or community purposes; or (ii) to provide decent, safe andsanitary urban or rural dwellings, apartments or other living accommodationsfor persons of low and moderate income; such work or undertaking may includebuildings, land, equipment, facilities and other real or personal propertyfor necessary, convenient or desirable appurtenances, streets, sewers, waterservice, parks, site preparation, gardening, administrative, community,health, recreational, welfare or other purposes; or (iii) to accomplish acombination of the foregoing. The term "housing project" also may beapplied to the planning of the buildings and improvements, the acquisition ofproperty, the demolition of existing structures or improvements, theconstruction, reconstruction, alteration and repair of the improvements andall other work in connection therewith.

"Locality" means the same as that term is defined in 15.2-102.

"Obligee of the authority" or "obligee" means any bondholder, trustee ortrustees for any bondholders, or lessor demising to the authority propertyused in connection with a project, or any assignee or assignees of suchlessor's interest or any part thereof, and the federal government when it isa party to any contract with the authority.

"Persons of low income" means persons or families determined by theauthority to lack the amount of income which is necessary to enable them tolive in decent, safe and sanitary dwellings.

"Persons of moderate income" means persons or families determined by theauthority to lack the amount of income necessary to obtain affordable housing.

"Real property" means all lands, including improvements and fixturesthereon, and property of any nature appurtenant thereto, or used inconnection therewith, and every estate, interest and right, legal orequitable, therein, including terms for years and liens by way of judgment,mortgage or otherwise and the indebtedness secured by such liens.

"Redevelopment area" means an area (including slum areas), designated by anauthority, that is in a state of blight that meets the criteria of a blightedarea as defined in this section; or any area previously designated as aredevelopment area pursuant to this chapter.

"Slum" means any area where dwellings predominate that, by reason ofdilapidation, overcrowding, lack of ventilation, light or sanitaryfacilities, or any combination of these factors, is detrimental to safety,health, or morals.

"Spot blight" means a structure or improvement that is a blighted propertyas defined in this section.

"Spot blight abatement plan" means the written plan prepared by the owneror owners of record of the real property to address spot blight. If the owneror owners of record of the real property fail to respond as provided in 36-49.1:1, the locality or the authority can prepare a spot blight abatementplan to address the spot blight with respect to an individual commercial,industrial, or residential structure or improvement, but may only implementsuch plan in accordance with the provisions of 36-49.1:1.

"Town" means the same as that term is defined in 15.2-102.

(1938, p. 447; Michie Code 1942, 3145(3); 1966, c. 129; 2006, c. 784.)