Derelict buildings and structures; locality authorized to require removal, repair, etc., thereof. (SB1094)
Introduced By
Sen. Mamie Locke (D-Hampton) with support from co-patrons Sen. Louise Lucas (D-Portsmouth), Sen. Yvonne Miller (D-Norfolk), and Sen. Mary Margaret Whipple (D-Arlington)
Progress
√ |
Introduced |
√ |
Passed Committee |
√ |
Passed House |
√ |
Passed Senate |
√ |
Signed by Governor |
√ |
Became Law |
Description
Derelict buildings. Defines derelict building as one that has endangered public health and safety, been vacant, boarded up, and without lawful utilities for a period in excess of six months. Authorizes local governments to incentivize owners' timely submission of a plan for demolition or renovation, by providing real estate tax abatements and fee refunds. Simplifies tax lien enforcement and blight provisions and encourages action on derelict buildings by adjusting time frames. This bill is recommended by the Virginia Housing Commission. Amends § 15.2-1115 (“Abatement or removal of nuisances.”), § 15.2-907.1 (“Authority to require removal, repair, etc., of buildings that are declared to be derelict.”), § 15.2-958.1 (“Sale of certain property in certain cities.”), § 36-105 (“Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspection warrants; inspection of elevators.”), § 36-49.1:1 (“Spot blight abatement authorized; procedure.”), § 58.1-3965 (“When land may be sold for delinquent taxes; notice of sale; owner\u2019s right of redemption.”), § 58.1-3969 (“Order of reference; appointment of special commissioner to make sale; costs; attorney fees.”), of the Code of Virginia. View Full Text »
Comments
What happened to the right to own property? Simply because a structure is vacant does not make it a threat to public safety, and to infringe upon someone's civil rights in such an instance is contrary to the Constitution. A building in good repair and sealed against intrusion and the elements is not a public safety issue. It is naive to believe that all buildings in a city will be occupied at all times, and that there are not valid reasons for them to be periodically vacant, sometimes for extended periods. Suppose you can't rent out your property or there is an ongoing legal matter to resolve? Suppose you just can't afford to renovate at the time, or like now, the market is horrible and you just can't sell it? It would make more sense for the city to go after property owners for back taxes on derelict properties, the people that have actually done something wrong. Auctioning derelict property to the public rather than demolishing it would also generate income as well as preserving old structures, not to mention the factor of conserving resources on several levels.