Title
Ordinance to Amend and Re-Enact City Code of Hampton, Virginia by Adding Chapter 9, Building and Development Regulations, Article I, In General, Section 9-13 to Conform to Current State Code Authority Regarding Vacant Building Registration.
Purpose
PURPOSE/BACKGROUND:
The 2024 General Assembly amended the Virginia Code 15.2-1127 to give localities broader authority to require registration of vacant buildings. Previously, only the owners of buildings that had been vacant for 12 months or more and were also derelict buildings could be required to register their vacant building. With the expanded authority, in addition to derelict buildings, localities can require registration by the owners of buildings that meet the definition of criminal blight or which have had a person living in them without the authority of the owner. The proposed ordinance implements this expanded state code authority.
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Recommendation:
Rec
Approve the ordinance.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 9 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 9 - BUILDING AND DEVELOPMENT REGULATIONS
ARTICLE I. - IN GENERAL
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Sec. 9-13. - Vacant building registration; civil penalty.
(a) The owner of a building that has been vacant for a continuous period of 12 months or more and that meets one of the following, (i) is a derelict building; (ii) is determined to be the situs of criminal blight in accordance with section 24-112 of the city code; or (iii) it is determined that an unauthorized person is living in the building, must register such building on an annual basis.
(b) To register the building, the owner, or the owner’s agent for the building, must provide the following information to the code official:
(1) The address of the vacant building;
(2) The name, address, and telephone number of the owner and/or 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 the building remains compliant with all applicable building, health, and property maintenance codes; and
(5) Proof that the owner or the owner’s agent has implemented an on-going rodent abatement and prevention plan.
(c) The building owner shall pay an annual registration fee of $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 $100.00 shall be paid within fifteen (15) days of the anniversary date of the building’s initial registration.
(d) Failure to register shall result in a $200 civil penalty. Notice of such penalty shall be mailed to the owner or owner’s agent at least thirty (30) days prior to the assessment of the penalty.
(e) For purposes of this section, derelict building shall be defined as 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, it has been (i) vacant, (ii) boarded up in accordance with the building code, and (ii) not lawfully connected to electric service from a utility service provider or not lawfully connected to any required water or sewage service from a utility service provider.
State Law reference- Vacant building registration; civil penalty, Code of Virginia, § 15.2-1127.