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 may request the locality to declare the property as blighted, whichdeclaration shall be by ordinance adopted by the governing body.
D. No spot blight abatement plan shall be effective until notice has beensent to the property owner or owners of record and an ordinance has beenadopted by the local governing body. Written notice to the property ownershall be sent by regular mail to the last address listed for the owner on thelocality's assessment records for the property, together with a copy of suchspot blight abatement plan prepared by the agency, authority, or locality. Ifthe repair or other disposition of the property is approved, the authority,agency, or locality may carry out the approved plan to repair or acquire anddispose of the property in accordance with the approved plan, the provisionsof this section, and the applicable law.
E. (Effective until October 1, 2010) If the ordinance is adopted by thegoverning body of the locality, the locality shall have a lien on allproperty so repaired or acquired under an approved spot blight abatement planto recover the cost of (i) improvements made by such locality to bring theblighted property into compliance with applicable building codes and (ii)disposal, if any. The lien on such property shall bear interest at the legalrate of interest established in § 6.1-330.53, beginning on the date therepairs are completed through the date on which the lien is paid. The lienauthorized by this subsection may be recorded as a lien among the landrecords of the circuit court, which lien shall be treated in all respects asa tax lien and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.The governing body may recover its costs of repair from the owner or ownersof record of the property when the repairs were made at such time as theproperty is sold or disposed of by such owner or owners. If the property isacquired by the governing body through eminent domain, the cost of repair maybe recovered when the governing body sells or disposes of the property. Ineither case, the costs of repair shall be recovered from the proceeds of anysuch sale.
E. (Effective October 1, 2010) If the ordinance is adopted by the governingbody of the locality, the locality shall have a lien on all property sorepaired or acquired under an approved spot blight abatement plan to recoverthe cost of (i) improvements made by such locality to bring the blightedproperty into compliance with applicable building codes and (ii) disposal, ifany. The lien on such property shall bear interest at the legal rate ofinterest established in § 6.2-301, beginning on the date the repairs arecompleted through the date on which the lien is paid. The lien authorized bythis subsection may be recorded as a lien among the land records of thecircuit court, which lien shall be treated in all respects as a tax lien andenforceable in the same manner as provided in Articles 3 (§ 58.1-3940 etseq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. 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.
F. 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.
G. (Effective until October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.1-330.53, beginning on the date the removal or abatementis completed through the date on which the lien is paid.
G. (Effective October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.2-301, beginning on the date the removal or abatement iscompleted through the date on which the lien is paid.
H. 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; 2007, c. 763; 2009, cc. 181, 551.)
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 may request the locality to declare the property as blighted, whichdeclaration shall be by ordinance adopted by the governing body.
D. No spot blight abatement plan shall be effective until notice has beensent to the property owner or owners of record and an ordinance has beenadopted by the local governing body. Written notice to the property ownershall be sent by regular mail to the last address listed for the owner on thelocality's assessment records for the property, together with a copy of suchspot blight abatement plan prepared by the agency, authority, or locality. Ifthe repair or other disposition of the property is approved, the authority,agency, or locality may carry out the approved plan to repair or acquire anddispose of the property in accordance with the approved plan, the provisionsof this section, and the applicable law.
E. (Effective until October 1, 2010) If the ordinance is adopted by thegoverning body of the locality, the locality shall have a lien on allproperty so repaired or acquired under an approved spot blight abatement planto recover the cost of (i) improvements made by such locality to bring theblighted property into compliance with applicable building codes and (ii)disposal, if any. The lien on such property shall bear interest at the legalrate of interest established in § 6.1-330.53, beginning on the date therepairs are completed through the date on which the lien is paid. The lienauthorized by this subsection may be recorded as a lien among the landrecords of the circuit court, which lien shall be treated in all respects asa tax lien and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.The governing body may recover its costs of repair from the owner or ownersof record of the property when the repairs were made at such time as theproperty is sold or disposed of by such owner or owners. If the property isacquired by the governing body through eminent domain, the cost of repair maybe recovered when the governing body sells or disposes of the property. Ineither case, the costs of repair shall be recovered from the proceeds of anysuch sale.
E. (Effective October 1, 2010) If the ordinance is adopted by the governingbody of the locality, the locality shall have a lien on all property sorepaired or acquired under an approved spot blight abatement plan to recoverthe cost of (i) improvements made by such locality to bring the blightedproperty into compliance with applicable building codes and (ii) disposal, ifany. The lien on such property shall bear interest at the legal rate ofinterest established in § 6.2-301, beginning on the date the repairs arecompleted through the date on which the lien is paid. The lien authorized bythis subsection may be recorded as a lien among the land records of thecircuit court, which lien shall be treated in all respects as a tax lien andenforceable in the same manner as provided in Articles 3 (§ 58.1-3940 etseq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. 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.
F. 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.
G. (Effective until October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.1-330.53, beginning on the date the removal or abatementis completed through the date on which the lien is paid.
G. (Effective October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.2-301, beginning on the date the removal or abatement iscompleted through the date on which the lien is paid.
H. 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; 2007, c. 763; 2009, cc. 181, 551.)
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 may request the locality to declare the property as blighted, whichdeclaration shall be by ordinance adopted by the governing body.
D. No spot blight abatement plan shall be effective until notice has beensent to the property owner or owners of record and an ordinance has beenadopted by the local governing body. Written notice to the property ownershall be sent by regular mail to the last address listed for the owner on thelocality's assessment records for the property, together with a copy of suchspot blight abatement plan prepared by the agency, authority, or locality. Ifthe repair or other disposition of the property is approved, the authority,agency, or locality may carry out the approved plan to repair or acquire anddispose of the property in accordance with the approved plan, the provisionsof this section, and the applicable law.
E. (Effective until October 1, 2010) If the ordinance is adopted by thegoverning body of the locality, the locality shall have a lien on allproperty so repaired or acquired under an approved spot blight abatement planto recover the cost of (i) improvements made by such locality to bring theblighted property into compliance with applicable building codes and (ii)disposal, if any. The lien on such property shall bear interest at the legalrate of interest established in § 6.1-330.53, beginning on the date therepairs are completed through the date on which the lien is paid. The lienauthorized by this subsection may be recorded as a lien among the landrecords of the circuit court, which lien shall be treated in all respects asa tax lien and enforceable in the same manner as provided in Articles 3 (§58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.The governing body may recover its costs of repair from the owner or ownersof record of the property when the repairs were made at such time as theproperty is sold or disposed of by such owner or owners. If the property isacquired by the governing body through eminent domain, the cost of repair maybe recovered when the governing body sells or disposes of the property. Ineither case, the costs of repair shall be recovered from the proceeds of anysuch sale.
E. (Effective October 1, 2010) If the ordinance is adopted by the governingbody of the locality, the locality shall have a lien on all property sorepaired or acquired under an approved spot blight abatement plan to recoverthe cost of (i) improvements made by such locality to bring the blightedproperty into compliance with applicable building codes and (ii) disposal, ifany. The lien on such property shall bear interest at the legal rate ofinterest established in § 6.2-301, beginning on the date the repairs arecompleted through the date on which the lien is paid. The lien authorized bythis subsection may be recorded as a lien among the land records of thecircuit court, which lien shall be treated in all respects as a tax lien andenforceable in the same manner as provided in Articles 3 (§ 58.1-3940 etseq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1. 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.
F. 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.
G. (Effective until October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.1-330.53, beginning on the date the removal or abatementis completed through the date on which the lien is paid.
G. (Effective October 1, 2010) In lieu of the acquisition of blightedproperty by the exercise of eminent domain, and in lieu of the exercise ofother powers granted in subsections A through H, any locality may, byordinance, declare any blighted property as defined in § 36-3 to constitute anuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or §15.2-1115. Such ordinance shall be adopted only after written notice bycertified mail to the owner or owners at the last known address of such owneras shown on the current real estate tax assessment books or current realestate tax assessment records. If the owner does not abate or remove thenuisance and the locality abates or removes the nuisance at its expense, thecosts of the removal or abatement of the nuisance shall be a lien on theproperty and such lien shall bear interest at the legal rate of interestestablished in § 6.2-301, beginning on the date the removal or abatement iscompleted through the date on which the lien is paid.
H. 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; 2007, c. 763; 2009, cc. 181, 551.)
