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Ordinance chapter · Hopewell, Virginia

Chapter 19 - HOUSING CODE

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Chapter 19 - HOUSING CODE#

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Cross reference— Building regulations, Ch. 11; unsafe structures, § 11-3; restaurant operations prohibited in rooms used for domestic purposes, § 16-42; mobile homes and mobile home parks, Ch. 21; sewers and sewage disposal, Ch. 31; zoning ordinance, App. A; subdivision regulations, App. B.

State Law reference— Authority of city to regulate light, ventilation, sanitation, etc., of buildings, Code of Virginia, § 15.2-1117.

ARTICLES I—III. - RESERVED#

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Editor's note— Ord. No. 99-18, adopted Aug. 10, 1999, repealed Ch. 19, arts. I—IV, VI, which pertained to housing code and derived from Code 1963, §§ 20-2—20-11, 20-16—20-18, 20-23—20-28, 20-30—20-37 and Ord. No. 80-20, adopted Oct. 28, 1980.

ARTICLE IV. - VACANT BUILDING REGISTRATION PROGRAM#

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State Law reference— Vacant building registration, Code of Virginia, § 15.2-1127.

Sec. 19-91. - Purpose.#

The purpose of this article is to keep an inventory of buildings in the city that might endanger the public's health, safety or welfare. The vacant building registration program is hereby established to ensure that owners of vacant properties are known to the city and other interested parties and can be reached if necessary; to ensure that owners of vacant properties are aware of the obligations of ownership under relevant codes and regulations; and to ensure that owners meet minimum standards of maintenance of vacant properties.

The ordinance from which this article is derived is written in accordance with the Code of Virginia, § 15.2-1127, which gives a city the authority, by ordinance, to require property owners register certain vacant buildings with the building official.

(Ord. No. 2015-3-10, 3-10-15)

Sec. 19-92. - Registration requirements.#

The owner of a building which has been continuously vacant for a period of twelve (12) months or more and which meet the definition of "derelict building" under the Code of Virginia, § 15.2-907.1, must register such buildings on an annual basis with the building code official. This article applies to all vacant buildings, residential or non-residential.

A derelict building is defined as follows: a residential or nonresidential building or structure, whether or not construction has been completed, that might endanger the public's health, safety, or welfare and for a continuous period in excess of six (6) months, has been (i) vacant, (ii) boarded up in accordance with the building code, and (iii) not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewer service from a utility service provider.

To register a building, the owner or the owner's agent for the building, shall provide the information to the building official on the forms designated by the building official and filed with the department of development. The owner must provide the following information:

  1. The address of the vacant building;

  2. The name, address, and active telephone number of the owner and the owner's agent;

  3. A detailed statement which estimates how long the building is likely to remain vacant, and the reasons for it remaining vacant during that period;

  4. A description of the measures that will be taken while the building is vacant to ensure that the property is maintained in compliance with all applicable building, health and property maintenance codes;

  5. Proof that the owner or agent has implemented an on-going rodent abatement and preventions plan for the interior and exterior of the building; and

  6. If the building is located in an historic district pursuant to article IX, Downtown Central Business District and/or article XIV-B, Tourist/Historic District, of the Hopewell Zoning Ordinance, as amended, or in any conservation, rehabilitation, or slum blight district established by city council, a description of the measures that will be taken to ensure that the building does not sustain significant structural damage due to neglect must be provided. Buildings located in the tourist historic district must meet the moth balling requirements outlined in the City Point National Historic District Handbook and Guidelines Manual.

(Ord. No. 2015-3-10, 3-10-15)

Sec. 19-93. - Annual registration fee.#

The building owner or the owner's agent shall pay an annual registration fee of one hundred dollars ($100.00). The fee shall be paid at the time that the building is initially registered. For each subsequent year, or any part of such year, that the building remains continuously vacant, an annual and non-refundable fee of seventy-five dollars ($75.00) shall be paid within fifteen (15) days of the anniversary date of the building's initial registration.

(Ord. No. 2015-3-10, 3-10-15)

Sec. 19-94. - Violations and penalties.#

Failure to register shall result in a two hundred dollar ($200.00) civil penalty or in a two hundred fifty dollar ($250.00) civil penalty if the property is located in an historic district, a conservation or redevelopment area or in a designated blighted area. Upon re-occupancy, the owner shall notify the department of development in writing.

The building official shall mail to the owner of a registered vacant building notice of the upcoming anniversary of the initial registration date and of the need to renew the registration of the building if it remains vacant. The notice shall warn the owner that a civil penalty will be imposed pursuant to this section if the owner fails to renew the registration within fifteen (15) days of the anniversary of the building's initial registration.

Notice of the imposition of a civil penalty pursuant to this section shall be mailed to the owner, at the address to which property tax notices are sent, at least thirty (30) days prior to the imposition of the penalty.

(Ord. No. 2015-3-10, 3-10-15)

ARTICLE V. - ROOMING HOUSES, LODGING HOUSES AND HOTELS#

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Cross reference— License tax for hotels and lodging houses, § 20-75.

Sec. 19-101. - Compliance with chapter.#

No person shall operate a rooming house, lodging house or hotel, unless such building conforms with the provisions of this chapter applicable to dwellings, except those provisions which are inconsistent with the provisions of this article.

(Code 1963, § 20-19)

Sec. 19-102. - Notice of change in ownership or control.#

Any person who sells, transfers, gives away or otherwise disposes of ownership of, an interest in or control of, any rooming house, lodging house or hotel, for which a permit has been issued under this article, shall give written notice thereof to the enforcing officer, within twenty-four (24) hours after such sale or transfer. Such notice shall include the name and address of the person succeeding to the ownership or control of such rooming house, lodging house or hotel.

(Code 1963, § 20-20)

Sec. 19-103. - Bathroom facilities.#

At least one flush water closet, lavatory basin, bathtub or shower, properly connected to a water and sewerage system approved by the enforcing officer and in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, lodging house or hotel. Every such lavatory basin and bathtub or shower shall be supplied with hot water at all times. All such facilities shall be located within the dwelling so as to be reasonably accessible, from a common hall or passageway, to all persons sharing such facilities.

(Code 1963, § 20-19)

Sec. 19-115. - Required.#

No person shall operate a rooming house, lodging house or hotel, unless he holds a valid permit issued by the enforcing officer.

(Code 1963, § 20-20)

Sec. 19-116. - Application.#

Application for a permit required by this division shall be filed with the enforcing officer and shall contain such information as the enforcing officer deems necessary to enable him to determine whether or not the rooming house, lodging house or hotel and the operator thereof are in compliance with all applicable provisions of this chapter.

Sec. 19-117. - Issuance; contents.#

If the enforcing officer finds that all applicable provisions of this chapter have been complied with, he shall issue the permit applied for under this division. The permit shall state that the operator of the rooming house, lodging house or hotel has complied with the applicable provisions of this chapter.

(Code 1963, § 20-20)

Sec. 19-118. - Display.#

A permit issued under this division shall, at all times, be displayed in a conspicuous place on the premises of the rooming house, lodging house or hotel for which it was issued.

(Code 1963, § 20-20)

Sec. 19-119. - Not transferable.#

No permit issued under this division shall be transferable.

(Code 1963, § 20-20)

Sec. 19-120. - Expiration.#

Every permit issued under this division shall expire at the end of one year following its date of issuance, unless otherwise suspended or revoked.

(Code 1963, § 20-20)

Sec. 19-121. - Suspension.#

Whenever, upon inspection of any rooming house, lodging house or hotel, the enforcing officer finds that conditions or practices exist which are in violation of this chapter or of any rule or regulation adopted pursuant thereto, the enforcing officer shall give notice in writing to the operator that, unless such conditions and practices are corrected in a reasonable length of time, to be determined by the enforcing officer, but not less than thirty (30) days, the operator's permit will be suspended. At the end of such period, the enforcing officer shall reinspect such rooming house, lodging house or hotel, and if he finds that such conditions or practices have not been corrected, he shall give notice in writing to the operator that his permit has been suspended.

(Code 1963, § 20-21)

Sec. 19-122. - Hearing upon denial or suspension; effect of failure to petition for hearing upon suspension.#

Any person whose permit has been denied or suspended, or who has received notice from the enforcing officer that his permit is to be suspended unless existing conditions or practices are corrected, may petition for a hearing and shall be granted a hearing before the housing board of adjustments and appeals. If no such petition is filed within ten (10) days following the day on which a permit was suspended, such permit shall be deemed to have been automatically revoked.

(Code 1963, § 20-22)

ARTICLE VI. - SPOT BLIGHT ABATEMENT#

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State Law reference— Spot blight abatement authorized, Code of Virginia, § 36-49.1:1.

Sec. 19-131. - Purpose.#

The purpose of this article is to provide for the city to acquire or repair any blighted property by purchase or through the exercise of the power of eminent domain, and further to hold, clear, repair, manage or dispose of such property for purposes and in a manner consistent with general law and the authority set forth in Code of Virginia, § 36-49.1:1 (Spot blight abatement authorized; procedure), as amended.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-132. - Adoption of state law by reference.#

All of the provisions and requirements of the laws of the Commonwealth of Virginia contained in Code of Virginia, §§ 36-49.1:1 (Spot blight abatement authorized; procedure), 25.1-200 through 25.1-251 (Condemnation Procedures) and 36-27(B) (Eminent domain) as amended, and all future amendments to such laws, are hereby adopted and incorporated into this article by reference.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-133. - Definitions.#

The following words and terms used in this article have the following meanings, unless the context clearly indicates otherwise:

Blighted property means any individual commercial, industrial or residential structure or improvement that endangers the public's health, safety or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards, or any structure or improvement previously designated as blighted pursuant to Code of Virginia, § 36-49.1:1 (Spot blight abatement authorized; procedure), under the process for determination of "spot blight."

City blight abatement plan means the plan prepared by the city to address spot blight if the owner(s) fail to respond with an acceptable spot blight abatement plan.

City manager means the city manager, or a person designated by the city manager to perform the duties and responsibilities that this article places on the city manager.

Spot blight means a structure or improvement that is a blighted property as defined in this section.

Spot blight abatement plan means the written plan prepared by the owner or owners of record of the real property to address spot blight.

In addition, some terms not defined herein are defined in Code of Virginia, § 36-3 (Definitions) of title 36 (Housing), as amended, and are incorporated by reference herein.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-134. - Procedure—Preliminary determination of blight.#

(a) The city manager shall make a preliminary determination that a property is a blighted property in accordance with this article. The city manager shall send by certified mail, postage prepaid, written notice to the owner or owners of record of such property, at their last known address as contained in the records of the treasurer, specifying the reasons why the property is blighted.

(b) The owner or owners of record shall have thirty (30) days from the date the notice is sent in which to respond in writing with a spot blight abatement plan to address the blight within a reasonable time consistent with the authority set forth in Code of Virginia, § 36-49.1:1 (Spot blight abatement authorized; procedure), of title 36 (Housing) as amended.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-135. - Failure to eliminate blight and/or submit spot blight abatement plan.#

If after thirty (30) days' notice, the owner or owners of record fails to respond in writing with a spot blight abatement plan, acceptable to the city manager, to address the blight within a reasonable time, the city manager may request the council of the City of Hopewell to declare the property as blighted and to approve his recommended spot blight abatement plan, which declaration and approval shall be by ordinance adopted by the council of the City of Hopewell.

No spot blight abatement plan shall be effective until notice has been sent to the property owner or owners of record and an ordinance has been adopted by the council of the City of Hopewell.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-136. - Council action.#

If the city manager's findings and spot blight abatement plan recommendations are approved by the council of the City of Hopewell, written notice, together with a copy of such spot blight abatement plan shall be sent by regular mail to the last address listed for the owner on the city's assessment records for the property. The city manager may cause the approved plan to be implemented to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and the applicable law. If the ordinance is adopted by the council of the City of Hopewell, the city shall have a lien on all property so repaired or acquired under an approved spot blight abatement plan to recover the cost of (i) improvements made by the city to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any, as provided by Code of Virginia, § 36-49.1:1(E) (Spot blight abatement authorized; procedure), of title 36 (Housing), as amended.

The lien on such property shall bear interest at the legal rate of interest established in Code of Virginia, § 6.2-301 (Legal rate of interest; when legal rate implied), beginning on the date the repairs are completed through the date on which the lien is paid. The lien authorized by this section may be recorded as a lien among the land records of the circuit court, which lien shall be treated in all respects as a tax lien and enforceable in the same manner as provided in Code of Virginia, articles 3 (§ 58.1-3940 et seq.) (Limitation on collection of local taxes) and 4 (§ 58.1-3965 et seq.) (When land may be sold for delinquent taxes; notice of sale; owner's right of redemption) of chapter 39 of title 58.1 (Enforcement, Collection, Refunds, Remedies and Review of Local Taxes). The governing body may recover its costs of repair from the owner or owners of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner or owners. 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.

Notwithstanding the other provisions of this section, unless otherwise provided for in Code of Virginia, title 36 (Housing), if the blighted property is occupied for personal residential purposes, the city, in approving the spot blight abatement plan, shall not acquire by eminent domain such property if it would result in a displacement of the person or persons living in the premises. The provisions of this section shall not apply to acquisitions, under an approved spot blight abatement plan, by the city of property which has been condemned for human habitation for more than one (1) year. In addition, the city exercising the powers of eminent domain in accordance with Code of Virginia, title 25.1 (Eminent Domain), may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-137. - Policies and regulations.#

The city manager may issue policies and regulations, which may be revised from time to time, for implementation of this article and consistent with the purpose and intent of Code of Virginia, § 36-49.1:1 (Spot blight abatement authorized; procedure), of title 36 (Housing), as amended.

(Ord. No. 2014-14, 9-9-14)

Sec. 19-138. - Other laws and ordinances.#

Nothing in this article shall be construed to relieve an owner of blighted property, or any other person or entity from complying with other applicable laws related to the development, use, rehabilitation, condition, maintenance or taxation of real property. The provisions of this article shall be in addition to any other remedies for blight abatement set out in general law or this Code.

(Ord. No. 2014-14, 9-9-14)

ARTICLE VII. - DRUG BLIGHTED PROPERTY#

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State Law reference— Authority to abate buildings harboring illegal drug use, Code of Virginia, § 15.2-907.

Sec. 19-140. - Authority.#

This article is adopted pursuant to Code of Virginia, § 15.1-11.2:1.

(Ord. No. 94-29, 10-11-94)

Sec. 19-141. - Definitions.#

As used in this article:

Affidavit means the affidavit prepared by the city in accordance with section 19-142 below.

Controlled substance means illegally obtained controlled substances or marijuana, as defined in Code of Virginia, § 54.1-3401.

Corrective action means the taking of steps which are reasonably expected to be effective to abate drug blight on real property, such as removal, repair or securing of any building, wall or other structure.

Drug blight means a condition existing on real property which tends to endanger the public health or safety of residents of the city and is caused by the regular presence on the property of persons under the influence of controlled substances or the regular use of the property for the purpose of illegally possessing, manufacturing or distributing controlled substances.

Owner means the record owner of real property.

(Ord. No. 94-29, 10-11-94)

Sec. 19-142. - Determination of drug blight.#

(a) The chief of police of the city, or his designated officer, citing Code of Virginia, § 15.1-11.2:1 (1950) and this article, is authorized to prepare an affidavit. The affidavit shall be to the effect that:

(1) Drug blight exists on specified property in the city, and the manner of blight;

(2) The city has used diligence without effect to abate the drug blight; and

(3) The drug blight constitutes a present threat to the public's health, safety or welfare.

(b) The affidavit must be approved by the commonwealth's attorney.

(Ord. No. 94-29, 10-11-94)

Sec. 19-143. - Notice to property owner.#

Once an affidavit has been prepared and approved, the chief of police of the city, or his designated officer, shall send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner of the property, as listed in the city's real estate tax assessment records, together with a copy of the affidavit. The notice shall advise:

(1) That the owner has up to thirty (30) days from the date of the notice to undertake action to abate the drug blight described in the affidavit; and

(2) That the city will, if requested to do so by the owner, assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in the affidavit; and

(3) That failure to take corrective action shall result in further actions by the city.

(Ord. No. 94-29, 10-11-94)

Sec. 19-144. - Failure to take corrective action; additional notice.#

(a) If no corrective action is taken during the thirty-day period given in section 19-143 above, the chief of police, or his designated officer, shall send by regular mail an additional notice to the owner of the property, at the address stated in section 19-143 above, stating the date on which the city may commence corrective action to abate the drug blight on the property, which date shall be no earlier than fifteen (15) days after the date of mailing the additional notice. A copy of this additional notice shall be sent to the commonwealth's attorney.

(b) This additional notice shall also reasonably describe the corrective action contemplated to be taken by the city.

(c) Upon receipt of this additional notice, the owner of the property shall have the right, upon reasonable notice to the chief of police, or his designated officer, to seek equitable relief, and the city shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.

(Ord. No. 94-29, 10-11-94)

Sec. 19-145. - Corrective action taken by the city.#

(a) If the city takes corrective action with respect to the property after complying with the provisions stated in sections 19-143 and 19-144 above, the costs and expenses thereof shall be chargeable to and paid by the owner of the property and may be collected as taxes and levies are collected.

(b) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as lien for unpaid city taxes and enforceable in the same manner as provided in Code of Virginia, articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of chapter 39 of title 58.1.

(Ord. No. 94-29, 10-11-94)

Sec. 19-146. - Corrective action taken by the owner.#

(a) If the owner of such property takes timely corrective action pursuant to this article, the city shall deem the drug blight abated, shall close the proceeding without any charge or cost to the owner and shall promptly provide written notice to the owner, with a copy to the commonwealth's attorney, that the proceeding has been terminated satisfactorily.

(b) The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the drug blight continues or recurs.

(Ord. No. 94-21, 10-11-94)

Sec. 19-147. - Rights of the owner.#

Nothing in this article shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity.

(Ord. No. 94-29, 10-11-94)

ARTICLE VIII. - RENTAL INSPECTION PROGRAM#

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Editor's note— Ord. No. 23-0912, § 1, adopted Sep. 12, 2023, repealed the former art. VIII, §§ 19-181—19-187, and enacted a new art. VIII §§ 19-180-19-190 as set out herein. The former art. §§ 19-181—19-187 pertained to similar subject matter and derived from Ord. No. 2005-12, §I, 9-13-2005.

Sec. 19-180. - Purpose and intent.#

The city council finds that certain residential housing areas within the city, designated herein "City Point" and "B Village", are in need of a housing inspection program to prevent property deterioration and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings and dwelling units.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-181. - Definitions.#

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building code means applicable provisions of the Virginia Uniform Statewide Building Code.

Codes compliance administrator means the administrator of the codes compliance office in the planning department and such employees of the office as the city manager may designate to administer and enforce this division.

Change in occupancy means the vacation of the dwelling unit by all tenants' party to a written lease or, where no written lease exists, by all persons falling within the definition of "tenant" under the Virginia Residential Landlord and Tenant Act, and the subsequent occupancy of such dwelling or dwelling unit by new lessees or tenants.

Follow-up inspection means the inspection of a property made to determine if violations previously cited have been abated.

Initial inspection means the first inspection of a residential rental dwelling unit subject to this article.

Managing agent means any individual, association of individuals, corporation, partnership or other entity having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this division.

Owner means any individual, group of individuals, corporation, partnership or other entity holding title to real property subject to this division.

Periodic inspection means inspection of a residential rental dwelling unit conducted upon the expiration of any exemption period for the unit, or after a follow-up inspection which revealed abatement of cited violations.

However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas, and a bathroom.

Residential rental dwelling unit means any place of residence, including, but not limited to, condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, accessory dwelling units (ADUs), multifamily homes or multifamily apartments that is leased or rented to one or more tenants. The term "dwelling" shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-182. - Rental inspection district boundaries.#

The provisions of this article shall apply to dwellings and dwelling units occupied by tenants and lessees located in areas hereby designated by the city council as rental inspection districts for the purpose of this division.

(a) Rental area 1. Beginning at the intersection of Hopewell St. and Riverside Ave. heading southeast on Hopewell St. to the Norfolk and Southern railroad tracks. Head east along the Norfolk and Southern railroad tracks to an extension of Williams Road, then head south easterly to the Seaboard Coastal railroad tracks, then head east/northeast for one thousand four hundred eighty-five (1,485) feet along the Seaboard Coastal railroad tracks, travel north east, parallel with Poythress Run Creek to the intersection of the James River bank and the eastern city limits. Then north along the eastern city limits to the northern city limits at the Appomattox River, and west along the northern city limits to the point of origin.

(b) Rental area 15. Beginning at the Norfolk and Western railroad tracks located northeast of the intersection of Surry Ave. and Western St., heading northeasterly along the centerline of the tracks to the extension of Kenwood Ave., then southeast along Kenwood Ave. to Winston Churchill Dr. Head Northeast on Winston Churchill Dr. to the intersection of Roanoke Ave, then head south on Roanoke Ave. to its intersection with Berry St. Head west on Berry St. and continue on as it becomes Courthouse Rd., then continue heading west on Courthouse Rd to the intersection with Surry Ave. Head northwesterly on Surry Ave. to the point of origin.

(c) City council may alter the boundaries of the rental inspection district, provide for additional rental inspection district areas, or provide for the inspection of residential rental dwelling units outside of designated rental inspection districts, in compliance with Code of Virginia, § 36-105.1:1, and any amendments thereto.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-183. - Registration of rental units.#

The owner, manager agent or person in control of any rental dwelling or dwelling unit covered by this division and located in rental inspection districts shall register with the codes compliance office units covered by this program within sixty (60) days of the ordinance implementation date. Future rental conversions will require registration and initial inspection prior to the first rental. Registration will be required to be on forms provided by the codes compliance administrator.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-184. - Enforcement and notifications.#

(a) Enforcement. Enforcement of this article shall be the responsibility of the code enforcement department. However, the city manager is authorized to delegate the authority to enforce this article to any city department, employee, agent or representative.

(b) Notification to owners of residential rental dwelling units. The code enforcement department shall make reasonable efforts to notify owners of residential rental dwelling units in the designated rental inspection district, or their designated managing agents, and provide information and an explanation of the rental inspection ordinance and the responsibilities of the owner thereunder.

(c) Notification by owners of dwelling units to the city. The owners of the residential rental dwelling units located in the rental inspection district shall notify the code enforcement department in writing if the dwelling unit is or becomes used for residential rental purposes. Such notification and registration shall be provided by owners within ninety (90) days after the adoption of this ordinance, or within thirty (30) days after the property becomes a residential rental dwelling unit, whichever is later. Failure to comply with this notification and registration requirement, within ten (10) days after personal or written notice to the property owner of the requirement, shall be punished by a civil penalty of one hundred dollars ($100.00). Notice sent by regular first class mail to the last known address of the owner of the residential rental dwelling unit as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed sufficient personal or written notice to the property owner of the notification and registration requirements of this section.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-185. - Inspections.#

(a) Initial inspections. The code enforcement department may, in conjunction with the written notifications provided for in section 19-184 above, proceed to inspect dwelling units in the designated rental inspection district to determine if the dwelling units are being used as residential rental property and for compliance with the provisions of the building code that affect the safe, decent and sanitary living conditions for the tenants of such property.

(b) Initial and periodic inspections. If a multifamily development has more than ten (10) dwelling units, in the initial and periodic inspections, the code enforcement department shall inspect only a sampling of dwelling units, of not less than two (2) and not more than ten (10) percent of the dwelling units, whichever is greater, of a multifamily development, which includes all of the multifamily buildings which are part of that multifamily development. If the code enforcement department determines upon initial or periodic inspection of the sampling of dwelling units in a multifamily development that there are violations of the building code that affect the safe, decent and sanitary living conditions for the tenants of such development, the code enforcement department may inspect as many dwelling units as necessary to enforce the building code, in which case, the fee shall be based upon the charge for inspection per dwelling unit inspected.

(c) Follow-up inspections. Upon inspection of a residential rental dwelling unit subject to this article, the code enforcement department has the authority under the building code to require the owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as the code enforcement department deems necessary, until such time as a follow-up inspection reveals that the dwelling unit has been brought into compliance with the provisions of the building code that affect the safe, decent and sanitary living conditions for the tenants.

(d) Periodic inspections. Except as provided under subsection (c) above, following the initial inspection of a residential rental dwelling unit subject to this article, the code enforcement department may inspect such unit, not otherwise exempted in accordance with this article, no more than once each calendar year. All rental dwelling or dwelling units in rental inspection districts are required to schedule and obtain an inspection at the time of tenant(s) change and at the time of rental property sale, but no inspection would be required if one was performed in the previous twelve (12) months.

(e) An annually exterior inspection of all registered units will be conducted by the codes compliance office regardless of ownership change or tenant change. Notice shall be provided by the codes compliance office fourteen (14) days in advance of the inspection.

(f) Scheduling of inspections. Any owner of a residential rental dwelling unit in the rental inspection district who is notified by the code enforcement department that the unit is subject to inspection under this article shall, within ten (10) days from such notification, contact the code enforcement department to schedule such inspection.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-186. - Fees.#

There shall be no registration fee for the initial inspection. If any repairs or corrections are deemed necessary and a second inspection is required, the owner shall not be charged an additional fee for the first re-inspection.

(a) If after re-inspection, minor violations have not been remedied the owner shall be charged an additional fee of $100.00 per dwelling unit for each re-inspection until the violation is corrected.

(b) If after re-inspection, major violations have not been remedied within the specified time period a notice of violation will be mailed. Owners will be subject to a penalty of a minimum of five hundred dollars ($500.00) and up to two thousand five hundred dollars and zero cents ($2,500.00.)

(c) The Virginia Statewide Building Code allows a locality to fine an owner who fails to comply with a notice of violation within the specified time period, not more than two thousand five hundred dollars and zero cents ($2,500.00.) Each day the violation(s) continues is considered a separate offense. The fine is given by a judge after a conviction in court. Code of Virginia, §36-106.

(d) Failure to schedule a required follow-up inspection shall result in the assessment of an administrative fee of one hundred dollars ($100.00) on the owner of the unit, in addition to the follow-up inspection fee.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-187. - Issuance of certificate.#

(a) Tiered Compliance.

  • Certificate of Compliance (good for 4 years)
  • Temporary Certificate of Compliance (allowed for minor violations not life and safety issues)
  • Rejection (major issues, uninhabitable, life and safety issues)
  • A Certificate of Compliance can be revoked, if violations are found within the four year grace period.

(1) The owner, managing agent or person in control of covered rental dwellings or dwelling units shall promptly notify the administrator of the codes compliance office of any pending change of occupancy of such property and shall request and inspection thereof. Such inspection shall be performed within ten working days of receipt of the request. If the inspection does not take place within ten (10) working days of receipt of the request, the owner, managing agent or person in control shall be entitled to apply for a temporary certificate of approval, provided that all inspection fees shall have been remitted in advance to the issuance of such temporary certificates of approval, and further provided that such temporary certificate of approval shall expire within seven days of issuance or upon the completion of the requested inspection, whichever event is that last to occur.

(2) There shall be no registration fee for the initial inspection. If any repairs or corrections are deemed necessary and a second inspection is required, the owner shall not be charged an additional fee for the first re-inspection.

If after re-inspection, minor violations have not been remedied the owner shall be charged an additional fee of $100.00 per dwelling unit for each re-inspection until the violation is corrected.

If after re-inspection, major violations have not been remedied within the specified time period a notice of violation will be mailed. Owners will be subject to a penalty of a minimum of $500.00 and up to $2,500.00.

The VA Statewide Building Code allows a locality to fine an owner who fails to comply with a notice of violation within the specified time period, not more than $2,500.00. Each day the violation(s) continues is considered a separate offense. The fine is given by a judge after a conviction in court. Code of Virginia, § 36-106.

(c) Requests for an inspection may be made by telephone; provided that, however, the administrator of the codes compliance office shall, in all cases, receive payment of the applicable inspection fee prior to conducting any inspection required under this division.

(d) The administrator of the codes compliance office shall issue a certificate of approval if, upon inspection, the dwelling or dwelling unit complies with Chapter 34 of the Virginia Uniform Statewide Building Code as adopted by reference in Virginia Uniform Statewide Building Code, and any amendments thereto, and further complies with any other applicable law, ordinance, regulation, or standard set forth in, or adopted or incorporated by, the code. The certificate or approval may be issued immediately upon completion of an inspection.

(e) If the dwelling or dwelling unit fails to comply with any one or more of all applicable laws, ordinance, regulations and standards of this Code, the administrator of the codes compliance office shall furnish the owner, managing agent or person in control with a written list of specific violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or person in control shall request a re-inspection of the dwelling or dwelling unit.

(f) Retrofitting of property subject to the provisions of this article shall be required only if mandated under the Virginia Uniform Statewide Building Code. Unless otherwise provided in the Virginia Uniform Statewide Building Code, dwellings and dwelling units shall be subject to 1996 BOCA Property Maintenance Code or the edition of the Virginia Uniform Statewide Building Code in effect at the time of their construction as noted in USBC Sections 124.2 and 124.2.1.

(g) A temporary certificate of approval may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails comply with this Code upon written petition the administrator of the codes compliance office. The petition shall be on a form provided by the administrator of the codes compliance office and shall contain the information therein requested and shall also include a written statement, signed by the owner, managing agent or person in control of the dwelling or dwelling unit, acknowledging the actions needed, specifying the anticipated date of beginning and completion of the work and, if known, the name of the person or company that will perform the work. Upon review of the aforementioned information and written statement, the administrator of the codes compliance office shall issue a temporary certificate of approval where it is determined that:

(1) The delay in the correction of the violation is reasonable, taking into consideration the availability of qualified persons to perform the work; and

(2) The work can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling unit uninhabitable; and

(3) The dwelling or dwelling unit can be brought into compliance with all code requirements within sixty (60) days of the issuance of the temporary certificate of approval.

(h) A temporary certificate of approval shall authorize the occupancy of the dwelling or dwelling unit for such period of time as in reasonably necessary to remedy or correct all defects of violations by reason of which the certificate of approval was refused. Every temporary certificate of approval shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed sixty (60) days. The willful failure of the owner, managing agent or person in control to complete all corrections within the specified period of time shall constitute a violation of this division. The director of the department of inspections may extend the temporary certificate of approval for an additional period of not more than sixty (60) days if the owner, managing agent or person in control has diligently and in good faith attempted to bring the dwelling or dwelling unit into compliance within the time given, and will suffer undue hardship should additional time for repairs be denied.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-188. - Exemptions.#

Upon the initial or periodic inspection of a residential rental dwelling unit in the rental inspection district for compliance with the building code, provided that there are no violations of the building code that affect the safe, decent and sanitary living conditions for the tenants of such residential rental dwelling unit, the code enforcement department shall provide, to the owner of such residential rental dwelling unit, an exemption from the rental inspection ordinance for four (4) years. Upon the sale of a residential rental dwelling unit, the code enforcement department may perform a periodic inspection as provided in subsection 19-185(b) above, subsequent to such sale. If a residential rental dwelling unit has been issued a certificate of occupancy within the last four (4) years, an exemption shall be granted for four (4) years from the date the certificate was issued. If a residential rental dwelling unit becomes in violation of the building code during any exemption period, the code enforcement department may revoke the exemption previously granted hereunder.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-189. - Violations and penalties.

(a) No residential rental dwelling unit within the rental inspection district shall be occupied unless the unit is in compliance with this article and the provisions of the Virginia Uniform Statewide Building Code, Code of Virginia, § 36-97, et seq., and any amendments thereto.

(b) Failure to abate any violation cited during an inspection of a residential rental dwelling unit within the rental inspection district within thirty (30) days from the citation shall constitute a violation of this article.

(c) The penalties for a violation of this article, unless otherwise provided herein, shall be the same as the penalties provided in the Virginia Uniform Statewide Building Code, Code of Virginia, § 36-97, et seq., and any amendments thereto.

(d) The provisions of this article shall not alter the duties or responsibilities of the local building department and code official to enforce the building code pursuant to Code of Virginia, § 36-105, and any amendments thereto. Nothing in this article shall relieve the obligation of property owners and tenants in the rental inspection district, and elsewhere in the city, to comply with all applicable building codes. Penalties for violation of this article shall be in addition to any penalties for violation of applicable building codes.

(Ord. No. 23-0912, 9-12-2023)

Sec. 19-190. - Appeals; Effects.

(a) Any person aggrieved by any determination or decision of the administrator of the codes compliance office made pursuant to this division shall have the right to appeal such determination or decision in accordance with the provisions of the Virginia Uniform Statewide Building Code, and amendments thereto.

(b) Nothing in this division shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law.

(c) Nothing in this division shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures.

(d) Nothing in this division shall be construed to limit the authority of the administrator of the codes compliance office to perform housing inspections in accordance with applicable law.

(Ord. No. 23-0912, 9-12-2023)