§ 15.2-907.1. Authority to require removal, repair, etc., of buildings thatare declared to be derelict.
Any locality that has a real estate tax abatement program in accordance withthis section may, by ordinance, provide that:
1. The owners of property therein shall at such time or times as thegoverning body may prescribe submit a plan to demolish or renovate anybuilding that has been declared a "derelict building." For purposes of thissection, "derelict building" shall mean a residential or nonresidentialbuilding or structure, whether or not construction has been completed, thatmight endanger the public's health, safety, or welfare and for a continuousperiod in excess of six months, it has been (i) vacant, (ii) boarded up inaccordance with the building code, and (iii) not lawfully connected toelectric service from a utility service provider or not lawfully connected toany required water or sewer service from a utility service provider.
2. If a building qualifies as a derelict building pursuant to the ordinance,the locality shall notify the owner of the derelict building that the owneris required to submit to the locality a plan, within 90 days, to demolish orrenovate the building to address the items that endanger the public's health,safety, or welfare as listed in a written notification provided by thelocality. Such plan may be on a form developed by the locality and shallinclude a proposed time within which the plan will be commenced andcompleted. The plan may include one or more adjacent properties of the owner,whether or not all of such properties may have been declared derelictbuildings. The plan shall be subject to approval by the locality. Thelocality shall deliver the written notice to the address listed on the realestate tax assessment records of the locality. Written notice sent byfirst-class mail, with the locality obtaining a U.S. Postal ServiceCertificate of Mailing shall constitute delivery pursuant to this section.
3. If a locality delivers written notice and the owner of the derelictbuilding has not submitted a plan to the locality within 90 days as providedin subdivision 2, the locality may exercise such remedies as provided in thissection or as otherwise provided by law.
4. The owner of a building may apply to the locality and request that suchbuilding be declared a derelict building for purposes of this section.
5. The locality, upon receipt of the plan to demolish or renovate thebuilding, at the owner's request, shall meet with the owner submitting theplan and provide information to the owner on the land use and permittingrequirements for demolition or renovation.
6. If the property owner's plan is to demolish the derelict building, thebuilding permit application of such owner shall be expedited. If the ownerhas completed the demolition within 90 days of the date of the buildingpermit issuance, the locality shall refund any building and demolition permitfees. This section shall not supersede any ordinance adopted pursuant to §15.2-2306 relative to historic districts.
7. If the property owner's plan is to renovate the derelict building, and norezoning is required for the owner's intended use of the property, the siteplan or subdivision application and the building permit, as applicable, shallbe expedited. The site plan or subdivision fees may be refunded, all or inpart, but in no event shall the site plan or subdivision fees exceed thelesser of 50 percent of the standard fees established by the ordinance forsite plan or subdivision applications for the proposed use of the property,or $5,000 per property. The building permit fees may be refunded, all or inpart, but in no event shall the building permit fees exceed the lesser of 50percent of the standard fees established by the ordinance for building permitapplications for the proposed use of the property, or $5,000 per property.
8. Prior to commencement of a plan to demolish or renovate the derelictbuilding, at the request of the property owner, the real estate assessorshall make an assessment of the property in its current derelict condition.On the building permit application, the owner shall declare the costs ofdemolition, or the costs of materials and labor to complete the renovation.At the request of the property owner, after demolition or renovation of thederelict building, the real estate assessor shall reflect the fair marketvalue of the demolition costs or the fair market value of the renovationimprovements, and reflect such value in the real estate tax assessmentrecords. The real estate tax on an amount equal to the costs of demolition oran amount equal to the increase in the fair market value of the renovationsshall be abated for a period of not less than 15 years, and is transferablewith the property. The abatement of taxes for demolition shall not apply ifthe structure demolished is a registered Virginia landmark or is determinedby the Department of Historic Resources to contribute to the significance ofa registered historic district. However, if the locality has an existing taxabatement program for less than 15 years, as of July 1, 2009, the localitymay provide for a tax abatement period of not less than five years.
9. Notwithstanding the provisions of this section, the locality may proceedto make repairs and secure the building under § 15.2-906, or the locality mayproceed to abate or remove a nuisance under § 15.2-900. In addition, thelocality may exercise such remedies as may exist under the Uniform StatewideBuilding Code and may exercise such other remedies available under generaland special law.
§ 15.2-907.1. Authority to require removal, repair, etc., of buildings thatare declared to be derelict.
Any locality that has a real estate tax abatement program in accordance withthis section may, by ordinance, provide that:
1. The owners of property therein shall at such time or times as thegoverning body may prescribe submit a plan to demolish or renovate anybuilding that has been declared a "derelict building." For purposes of thissection, "derelict building" shall mean a residential or nonresidentialbuilding or structure, whether or not construction has been completed, thatmight endanger the public's health, safety, or welfare and for a continuousperiod in excess of six months, it has been (i) vacant, (ii) boarded up inaccordance with the building code, and (iii) not lawfully connected toelectric service from a utility service provider or not lawfully connected toany required water or sewer service from a utility service provider.
2. If a building qualifies as a derelict building pursuant to the ordinance,the locality shall notify the owner of the derelict building that the owneris required to submit to the locality a plan, within 90 days, to demolish orrenovate the building to address the items that endanger the public's health,safety, or welfare as listed in a written notification provided by thelocality. Such plan may be on a form developed by the locality and shallinclude a proposed time within which the plan will be commenced andcompleted. The plan may include one or more adjacent properties of the owner,whether or not all of such properties may have been declared derelictbuildings. The plan shall be subject to approval by the locality. Thelocality shall deliver the written notice to the address listed on the realestate tax assessment records of the locality. Written notice sent byfirst-class mail, with the locality obtaining a U.S. Postal ServiceCertificate of Mailing shall constitute delivery pursuant to this section.
3. If a locality delivers written notice and the owner of the derelictbuilding has not submitted a plan to the locality within 90 days as providedin subdivision 2, the locality may exercise such remedies as provided in thissection or as otherwise provided by law.
4. The owner of a building may apply to the locality and request that suchbuilding be declared a derelict building for purposes of this section.
5. The locality, upon receipt of the plan to demolish or renovate thebuilding, at the owner's request, shall meet with the owner submitting theplan and provide information to the owner on the land use and permittingrequirements for demolition or renovation.
6. If the property owner's plan is to demolish the derelict building, thebuilding permit application of such owner shall be expedited. If the ownerhas completed the demolition within 90 days of the date of the buildingpermit issuance, the locality shall refund any building and demolition permitfees. This section shall not supersede any ordinance adopted pursuant to §15.2-2306 relative to historic districts.
7. If the property owner's plan is to renovate the derelict building, and norezoning is required for the owner's intended use of the property, the siteplan or subdivision application and the building permit, as applicable, shallbe expedited. The site plan or subdivision fees may be refunded, all or inpart, but in no event shall the site plan or subdivision fees exceed thelesser of 50 percent of the standard fees established by the ordinance forsite plan or subdivision applications for the proposed use of the property,or $5,000 per property. The building permit fees may be refunded, all or inpart, but in no event shall the building permit fees exceed the lesser of 50percent of the standard fees established by the ordinance for building permitapplications for the proposed use of the property, or $5,000 per property.
8. Prior to commencement of a plan to demolish or renovate the derelictbuilding, at the request of the property owner, the real estate assessorshall make an assessment of the property in its current derelict condition.On the building permit application, the owner shall declare the costs ofdemolition, or the costs of materials and labor to complete the renovation.At the request of the property owner, after demolition or renovation of thederelict building, the real estate assessor shall reflect the fair marketvalue of the demolition costs or the fair market value of the renovationimprovements, and reflect such value in the real estate tax assessmentrecords. The real estate tax on an amount equal to the costs of demolition oran amount equal to the increase in the fair market value of the renovationsshall be abated for a period of not less than 15 years, and is transferablewith the property. The abatement of taxes for demolition shall not apply ifthe structure demolished is a registered Virginia landmark or is determinedby the Department of Historic Resources to contribute to the significance ofa registered historic district. However, if the locality has an existing taxabatement program for less than 15 years, as of July 1, 2009, the localitymay provide for a tax abatement period of not less than five years.
9. Notwithstanding the provisions of this section, the locality may proceedto make repairs and secure the building under § 15.2-906, or the locality mayproceed to abate or remove a nuisance under § 15.2-900. In addition, thelocality may exercise such remedies as may exist under the Uniform StatewideBuilding Code and may exercise such other remedies available under generaland special law.
§ 15.2-907.1. Authority to require removal, repair, etc., of buildings thatare declared to be derelict.
Any locality that has a real estate tax abatement program in accordance withthis section may, by ordinance, provide that:
1. The owners of property therein shall at such time or times as thegoverning body may prescribe submit a plan to demolish or renovate anybuilding that has been declared a "derelict building." For purposes of thissection, "derelict building" shall mean a residential or nonresidentialbuilding or structure, whether or not construction has been completed, thatmight endanger the public's health, safety, or welfare and for a continuousperiod in excess of six months, it has been (i) vacant, (ii) boarded up inaccordance with the building code, and (iii) not lawfully connected toelectric service from a utility service provider or not lawfully connected toany required water or sewer service from a utility service provider.
2. If a building qualifies as a derelict building pursuant to the ordinance,the locality shall notify the owner of the derelict building that the owneris required to submit to the locality a plan, within 90 days, to demolish orrenovate the building to address the items that endanger the public's health,safety, or welfare as listed in a written notification provided by thelocality. Such plan may be on a form developed by the locality and shallinclude a proposed time within which the plan will be commenced andcompleted. The plan may include one or more adjacent properties of the owner,whether or not all of such properties may have been declared derelictbuildings. The plan shall be subject to approval by the locality. Thelocality shall deliver the written notice to the address listed on the realestate tax assessment records of the locality. Written notice sent byfirst-class mail, with the locality obtaining a U.S. Postal ServiceCertificate of Mailing shall constitute delivery pursuant to this section.
3. If a locality delivers written notice and the owner of the derelictbuilding has not submitted a plan to the locality within 90 days as providedin subdivision 2, the locality may exercise such remedies as provided in thissection or as otherwise provided by law.
4. The owner of a building may apply to the locality and request that suchbuilding be declared a derelict building for purposes of this section.
5. The locality, upon receipt of the plan to demolish or renovate thebuilding, at the owner's request, shall meet with the owner submitting theplan and provide information to the owner on the land use and permittingrequirements for demolition or renovation.
6. If the property owner's plan is to demolish the derelict building, thebuilding permit application of such owner shall be expedited. If the ownerhas completed the demolition within 90 days of the date of the buildingpermit issuance, the locality shall refund any building and demolition permitfees. This section shall not supersede any ordinance adopted pursuant to §15.2-2306 relative to historic districts.
7. If the property owner's plan is to renovate the derelict building, and norezoning is required for the owner's intended use of the property, the siteplan or subdivision application and the building permit, as applicable, shallbe expedited. The site plan or subdivision fees may be refunded, all or inpart, but in no event shall the site plan or subdivision fees exceed thelesser of 50 percent of the standard fees established by the ordinance forsite plan or subdivision applications for the proposed use of the property,or $5,000 per property. The building permit fees may be refunded, all or inpart, but in no event shall the building permit fees exceed the lesser of 50percent of the standard fees established by the ordinance for building permitapplications for the proposed use of the property, or $5,000 per property.
8. Prior to commencement of a plan to demolish or renovate the derelictbuilding, at the request of the property owner, the real estate assessorshall make an assessment of the property in its current derelict condition.On the building permit application, the owner shall declare the costs ofdemolition, or the costs of materials and labor to complete the renovation.At the request of the property owner, after demolition or renovation of thederelict building, the real estate assessor shall reflect the fair marketvalue of the demolition costs or the fair market value of the renovationimprovements, and reflect such value in the real estate tax assessmentrecords. The real estate tax on an amount equal to the costs of demolition oran amount equal to the increase in the fair market value of the renovationsshall be abated for a period of not less than 15 years, and is transferablewith the property. The abatement of taxes for demolition shall not apply ifthe structure demolished is a registered Virginia landmark or is determinedby the Department of Historic Resources to contribute to the significance ofa registered historic district. However, if the locality has an existing taxabatement program for less than 15 years, as of July 1, 2009, the localitymay provide for a tax abatement period of not less than five years.
9. Notwithstanding the provisions of this section, the locality may proceedto make repairs and secure the building under § 15.2-906, or the locality mayproceed to abate or remove a nuisance under § 15.2-900. In addition, thelocality may exercise such remedies as may exist under the Uniform StatewideBuilding Code and may exercise such other remedies available under generaland special law.
