2006 Code of Virginia § 36-49.1:1 - Spot blight abatement authorized; procedure

36-49.1:1. Spot blight abatement authorized; procedure.

A. Notwithstanding any other provision of this chapter, an authority, or anylocality, shall have the power to acquire or repair any blighted property, asdefined in 36-3, whether inside or outside of a conservation orredevelopment area, by purchase or through the exercise of the power ofeminent domain provided in Chapter 2 ( 25.1-200 et seq.) of Title 25.1, and,further, shall have the power to hold, clear, repair, manage or dispose ofsuch property for purposes consistent with this chapter. In addition, theauthority and locality shall have the power to recover the costs of anyrepair or disposal of such property from the owner or owners of record,determined in accordance with subsection B of 36-27. This power shall beexercised only in accordance with the procedures set forth in this section.

B. The chief executive or designee of the locality or authority shall make apreliminary determination that a property is blighted in accordance with thischapter. It shall send notice to the owner or owners of record determined inaccordance with subsection B of 36-27, specifying the reasons why theproperty is blighted. The owner or owners of record shall have 30 days fromthe date the notice is sent in which to respond in writing with a spot blightabatement plan to address the blight within a reasonable time.

C. If the owner or owners of record fail to respond within the 30-day periodwith a written spot blight abatement plan that is acceptable to the chiefexecutive of the agency, authority or locality, the agency, authority orlocality (i) may request the local planning commission to conduct a publichearing and make findings and recommendations that shall be reported to thegoverning body of the locality concerning the repair or other disposition ofthe property in question and (ii) in the event a public hearing is scheduled,shall prepare a written spot blight abatement plan for the repair or otherdisposition of the property.

D. No spot blight abatement plan shall be effective until notice has beensent to the property owner or owners of record in accordance with subsectionB of 36-27 and an ordinance has been adopted by the local governing body.Not less than three weeks prior to the date of the public hearing before theplanning commission, the commission shall provide by regular and certifiedmail, notice of such hearing to (i) the owner of the blighted property or theagent designated by him for receipt of service of notices concerning thepayment of real estate taxes within the locality; (ii) the abutting propertyowners in each direction, including those property owners immediately acrossthe street or road from the property; and (iii) the representativeneighborhood association, if any, for the immediate area. The notice shallinclude the plan for the intended repair or other disposition of theproperty. The notice of the public hearing shall be published at least twice,with not less than six days elapsing between the first and second publicationin a newspaper published or having general circulation in the locality inwhich the property is located. The notice also shall be posted on theproperty. The notice shall specify the time and place of the hearing at whichpersons affected may appear and present their views, not less than six daysnor more than 21 days after the second publication.

E. The planning commission shall determine whether:

1. The property is blighted;

2. The owner has failed to cure the blight or present a reasonable plan to doso;

3. The plan for the repair or other disposition of the property is inaccordance 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 ofHistoric Places. In such instances, the planning commission shall consultwith the locally established architectural review board, if any, regardingthe proposed repair or other disposition of the property by the authority orgoverning body.

F. The planning commission shall report its findings and recommendationsconcerning the property to the governing body. The governing body, uponreceipt of such findings and recommendations, may, after an advertised publichearing, affirm, modify, or reject the planning commission's findings andrecommendations. If the repair or other disposition of the property isapproved, the authority, agency or locality may carry out the approved planto repair or acquire and dispose of the property in accordance with theapproved plan, the provisions of this section, and applicable law.

G. If the ordinance is adopted by the governing body of the locality, thelocality shall have a lien on all property so repaired or acquired under anapproved spot blight abatement plan to recover the cost of (i) improvementsmade by such locality to bring the blighted property into compliance withapplicable building codes and (ii) disposal, if any. The lien authorized bythis subsection shall be filed in the circuit court where the property islocated and shall be subordinate to any prior liens of record. The governingbody may recover its costs of repair from the owner or owners of record ofthe property when the repairs were made at such time as the property is soldor disposed of by such owner or owners. If the property is acquired by thegoverning body through eminent domain, the cost of repair may be recoveredwhen 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.

H. Notwithstanding the other provisions of this section, unless otherwiseprovided for in Title 36, if the blighted property is occupied for personalresidential purposes, the governing body, in approving the spot blightabatement plan, shall not acquire by eminent domain such property if it wouldresult in a displacement of the person or persons living in the premises. Theprovisions of this subsection shall not apply to acquisitions, under anapproved spot blight abatement plan, by any locality of property which hasbeen condemned for human habitation for more than one year. In addition, suchlocality exercising the powers of eminent domain in accordance with Title25.1, may provide for temporary relocation of any person living in theblighted property provided the relocation is within the financial means ofsuch person.

I. In lieu of the acquisition of blighted property by the exercise of eminentdomain, and in lieu of the exercise of other powers granted in subsections Athrough H, a locality may, by ordinance, declare any blighted property asdefined in 36-3 to constitute a nuisance, and thereupon abate the nuisancepursuant to 15.2-900 or 15.2-1115. Such ordinance shall be adopted onlyafter written notice by certified mail to the owner or owners at the lastknown address of such owner as shown on the current real estate taxassessment books or current real estate tax assessment records.

J. The provisions of this section shall be cumulative and shall be inaddition to any remedies for spot blight abatement that may be authorized bylaw.

(1994, 2nd Sp. Sess., cc. 5, 10; 1995, cc. 702, 827; 1996, c. 847; 1997, c.572; 1998, cc. 690, 898; 1999, cc. 39, 410, 418; 2001, c. 482; 2003, c. 940;2006, c. 784.)