{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-49.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-49.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-49.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-49.1_1.html"}],"law_id":79608,"edition_id":1,"section_id":79608,"structure_id":15233,"section_number":"36-49.1:1","catch_line":"Spot blight abatement authorized; procedure","history":"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.","full_text":"A\n\nNotwithstanding any other provision of this chapter, an authority, or any locality, shall have the power to acquire or repair any blighted property, as defined in § 36-3, whether inside or outside of a conservation or redevelopment area, by purchase or through the exercise of the power of eminent 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 of such property for purposes consistent with this chapter. In addition, the authority and locality shall have the power to recover the costs of any repair or disposal of such property from the owner or owners of record, determined in accordance with subsection B of § 36-27. This power shall be exercised only in accordance with the procedures set forth in this section.B\n\nThe chief executive or designee of the locality or authority shall make a preliminary determination that a property is blighted in accordance with this chapter. It shall send notice to the owner or owners of record determined in accordance with subsection B of § 36-27, specifying the reasons why the property is blighted. The owner or owners of record shall have 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.C\n\nIf the owner or owners of record fail to respond within the 30-day period with a written spot blight abatement plan that is acceptable to the chief executive of the agency, authority or locality, the agency, authority or locality may request the locality to declare the property as blighted, which declaration shall be by ordinance adopted by the governing body.D\n\nNo 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 local governing body. Written notice to the property owner shall be sent by regular mail to the last address listed for the owner on the locality’s assessment records for the property, together with a copy of such spot blight abatement plan prepared by the agency, authority, or locality. If the repair or other disposition of the property is approved, the authority, agency, or locality may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and the applicable law.E\n\nIf the ordinance is adopted by the governing body of the locality, the locality 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 such locality to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien on such property shall bear interest at the legal rate of interest established in § 6.2-301, beginning on the date the repairs are completed through the date on which the lien is paid. The lien authorized by this subsection 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 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 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.F\n\nNotwithstanding the other provisions of this section, unless otherwise provided for in Title 36, if the blighted property is occupied for personal residential purposes, the governing body, 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 subsection shall not apply to acquisitions, under an approved spot blight abatement plan, by any locality of property which has been condemned for human habitation for more than one year. In addition, such locality exercising the powers of eminent domain in accordance with Title 25.1, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person.G\n\nIn lieu of the acquisition of blighted property by the exercise of eminent domain, and in lieu of the exercise of other powers granted in subsections A through H, any locality may, by ordinance, declare any blighted property as defined in § 36-3 to constitute a nuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. If the owner does not abate or remove the nuisance and the locality abates or removes the nuisance at its expense, the costs of the removal or abatement of the nuisance shall be a lien on the property and such lien shall bear interest at the legal rate of interest established in § 6.2-301, beginning on the date the removal or abatement is completed through the date on which the lien is paid.H\n\nThe provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law.","order_by":null,"text":{"0":{"id":285227,"text":"Notwithstanding any other provision of this chapter, an authority, or any locality, shall have the power to acquire or repair any blighted property, as defined in § 36-3, whether inside or outside of a conservation or redevelopment area, by purchase or through the exercise of the power of eminent 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 of such property for purposes consistent with this chapter. In addition, the authority and locality shall have the power to recover the costs of any repair or disposal of such property from the owner or owners of record, determined in accordance with subsection B of § 36-27. This power shall be exercised only in accordance with the procedures set forth in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285228,"text":"The chief executive or designee of the locality or authority shall make a preliminary determination that a property is blighted in accordance with this chapter. It shall send notice to the owner or owners of record determined in accordance with subsection B of § 36-27, specifying the reasons why the property is blighted. The owner or owners of record shall have 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285229,"text":"If the owner or owners of record fail to respond within the 30-day period with a written spot blight abatement plan that is acceptable to the chief executive of the agency, authority or locality, the agency, authority or locality may request the locality to declare the property as blighted, which declaration shall be by ordinance adopted by the governing body.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285230,"text":"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 local governing body. Written notice to the property owner shall be sent by regular mail to the last address listed for the owner on the locality’s assessment records for the property, together with a copy of such spot blight abatement plan prepared by the agency, authority, or locality. If the repair or other disposition of the property is approved, the authority, agency, or locality may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and the applicable law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285231,"text":"If the ordinance is adopted by the governing body of the locality, the locality 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 such locality to bring the blighted property into compliance with applicable building codes and (ii) disposal, if any. The lien on such property shall bear interest at the legal rate of interest established in § 6.2-301, beginning on the date the repairs are completed through the date on which the lien is paid. The lien authorized by this subsection 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 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 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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":285232,"text":"Notwithstanding the other provisions of this section, unless otherwise provided for in Title 36, if the blighted property is occupied for personal residential purposes, the governing body, 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 subsection shall not apply to acquisitions, under an approved spot blight abatement plan, by any locality of property which has been condemned for human habitation for more than one year. In addition, such locality exercising the powers of eminent domain in accordance with Title 25.1, may provide for temporary relocation of any person living in the blighted property provided the relocation is within the financial means of such person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":285233,"text":"In lieu of the acquisition of blighted property by the exercise of eminent domain, and in lieu of the exercise of other powers granted in subsections A through H, any locality may, by ordinance, declare any blighted property as defined in § 36-3 to constitute a nuisance, and thereupon abate the nuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. If the owner does not abate or remove the nuisance and the locality abates or removes the nuisance at its expense, the costs of the removal or abatement of the nuisance shall be a lien on the property and such lien shall bear interest at the legal rate of interest established in § 6.2-301, beginning on the date the removal or abatement is completed through the date on which the lien is paid.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":285234,"text":"The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":15233,"edition_id":1,"name":"Redevelopment Projects","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13338,"metadata":{},"date_created":"2026-06-26 03:53:13","date_modified":"2026-06-26 03:53:13","permalink":{"id":208533,"object_type":"structure","relational_id":15233,"identifier":"7","token":"36\/1\/7","url":"\/36\/1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13338,"edition_id":1,"name":"Housing Authorities Law","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:44:40","date_modified":"2026-06-26 03:44:40","permalink":{"id":208259,"object_type":"structure","relational_id":13338,"identifier":"1","token":"36\/1","url":"\/36\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83284,"structure_id":15233,"section_number":"36-48","catch_line":"Creation of Redevelopment Areas","url":"\/36-48\/","token":"36\/1\/7\/36-48","metadata":false},{"id":58361,"structure_id":15233,"section_number":"36-48.1","catch_line":"Creation of Conservation Areas","url":"\/36-48.1\/","token":"36\/1\/7\/36-48.1","metadata":false},{"id":67710,"structure_id":15233,"section_number":"36-49","catch_line":"Adoption of Redevelopment Plans","url":"\/36-49\/","token":"36\/1\/7\/36-49","metadata":false},{"id":68949,"structure_id":15233,"section_number":"36-49.1","catch_line":"Adoption of Conservation Plans","url":"\/36-49.1\/","token":"36\/1\/7\/36-49.1","metadata":false},{"id":79608,"structure_id":15233,"section_number":"36-49.1:1","catch_line":"Spot blight abatement authorized; procedure","url":"\/36-49.1_1\/","token":"36\/1\/7\/36-49.1_1","metadata":false},{"id":74473,"structure_id":15233,"section_number":"36-49.2","catch_line":"Power to purchase or lease land for certain other redevelopment projects","url":"\/36-49.2\/","token":"36\/1\/7\/36-49.2","metadata":false},{"id":83045,"structure_id":15233,"section_number":"36-50","catch_line":"Extension of general powers for actions taken pursuant to a redevelopment plan","url":"\/36-50\/","token":"36\/1\/7\/36-50","metadata":false},{"id":57998,"structure_id":15233,"section_number":"36-50.1","catch_line":"Extension of general powers for actions taken pursuant to a conservation plan","url":"\/36-50.1\/","token":"36\/1\/7\/36-50.1","metadata":false},{"id":76351,"structure_id":15233,"section_number":"36-51","catch_line":"Redevelopment plans","url":"\/36-51\/","token":"36\/1\/7\/36-51","metadata":false},{"id":64498,"structure_id":15233,"section_number":"36-51.1","catch_line":"Requirements for \"conservation plan\" generally","url":"\/36-51.1\/","token":"36\/1\/7\/36-51.1","metadata":false},{"id":62463,"structure_id":15233,"section_number":"36-52","catch_line":"Cooperation by localities","url":"\/36-52\/","token":"36\/1\/7\/36-52","metadata":false},{"id":81303,"structure_id":15233,"section_number":"36-52.1","catch_line":"Authority for localities to create conservation or redevelopment areas","url":"\/36-52.1\/","token":"36\/1\/7\/36-52.1","metadata":false},{"id":61123,"structure_id":15233,"section_number":"36-52.2","catch_line":"Acquisition of property prior to adoption of development or conservation plan in certain cities","url":"\/36-52.2\/","token":"36\/1\/7\/36-52.2","metadata":false},{"id":85873,"structure_id":15233,"section_number":"36-52.3","catch_line":"Adoption and designation of \"rehabilitation area.\"","url":"\/36-52.3\/","token":"36\/1\/7\/36-52.3","metadata":false},{"id":66507,"structure_id":15233,"section_number":"36-53","catch_line":"Making property available for conservation or redevelopment","url":"\/36-53\/","token":"36\/1\/7\/36-53","metadata":false},{"id":82305,"structure_id":15233,"section_number":"36-54","catch_line":"Aid from federal government","url":"\/36-54\/","token":"36\/1\/7\/36-54","metadata":false},{"id":79520,"structure_id":15233,"section_number":"36-55","catch_line":"Bonds to be legal investments and security","url":"\/36-55\/","token":"36\/1\/7\/36-55","metadata":false}],"previous_section":{"id":68949,"structure_id":15233,"section_number":"36-49.1","catch_line":"Adoption of Conservation Plans","url":"\/36-49.1\/","token":"36\/1\/7\/36-49.1","metadata":false},"next_section":{"id":74473,"structure_id":15233,"section_number":"36-49.2","catch_line":"Power to purchase or lease land for certain other redevelopment projects","url":"\/36-49.2\/","token":"36\/1\/7\/36-49.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-49.1:1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapters 702<\/a> and 827<\/a>; in 1996, chapter 847<\/a>; in 1997, chapter 572<\/a>; in 1998, chapters 690<\/a> and 898<\/a>; in 1999, chapters 39<\/a>, 410<\/a>, and 418<\/a>; in 2001, chapter 482<\/a>; in 2003, chapter 940<\/a>; in 2006, chapter 784<\/a>; in 2007, chapter 763<\/a>; in 2009, chapters 181<\/a> and 551<\/a>.<\/p>","references":[{"id":83910,"section_number":"15.2-1127","catch_line":"Vacant building registration; civil penalty","order_by":null,"url":"\/15.2-1127\/"},{"id":82277,"section_number":"15.2-907.2","catch_line":"Authority of locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances","order_by":null,"url":"\/15.2-907.2\/"},{"id":57528,"section_number":"15.2-958.1","catch_line":"Sale of certain property in certain cities","order_by":null,"url":"\/15.2-958.1\/"},{"id":70540,"section_number":"36-106","catch_line":"Violation a misdemeanor; civil penalty","order_by":null,"url":"\/36-106\/"},{"id":56393,"section_number":"36-3","catch_line":"Definitions","order_by":null,"url":"\/36-3\/"},{"id":65275,"section_number":"36-9.1","catch_line":"Exemptions from applicability of this chapter; conflicts in provisions of law","order_by":null,"url":"\/36-9.1\/"},{"id":70850,"section_number":"58.1-3965","catch_line":"When land may be sold for delinquent taxes; notice of sale; owner's right of redemption","order_by":null,"url":"\/58.1-3965\/"},{"id":61813,"section_number":"58.1-3970.2","catch_line":"When delinquent taxes may be deemed paid in full","order_by":null,"url":"\/58.1-3970.2\/"}],"refers_to":[{"id":70224,"section_number":"15.2-1115","catch_line":"Abatement or removal of nuisances","order_by":null,"url":"\/15.2-1115\/"},{"id":81812,"section_number":"15.2-900","catch_line":"Abatement or removal of nuisances by localities; recovery of costs","order_by":null,"url":"\/15.2-900\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":87214,"section_number":"36-27","catch_line":"Eminent domain","order_by":null,"url":"\/36-27\/"},{"id":56393,"section_number":"36-3","catch_line":"Definitions","order_by":null,"url":"\/36-3\/"},{"id":72311,"section_number":"58.1-3940","catch_line":"Limitation on collection of local taxes","order_by":null,"url":"\/58.1-3940\/"},{"id":70850,"section_number":"58.1-3965","catch_line":"When land may be sold for delinquent taxes; notice of sale; owner's right of redemption","order_by":null,"url":"\/58.1-3965\/"},{"id":62070,"section_number":"6.2-301","catch_line":"Legal rate of interest; when legal rate implied","order_by":null,"url":"\/6.2-301\/"}],"permalink":{"id":208551,"object_type":"law","relational_id":79608,"identifier":"36-49.1:1","token":"36\/1\/7\/36-49.1_1","url":"\/36-49.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-49.1_1\/","token":"36\/1\/7\/36-49.1_1","dublin_core":{"Title":"Spot blight abatement authorized; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-49.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of this chapter, an authority<\/span>, or any locality<\/span>, shall have the power to acquire or repair any blighted property<\/span>, as defined in § 36-3<\/a>, whether inside or outside of a conservation or redevelopment area<\/span>, by purchase or through the exercise of the power of eminent domain provided in Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1, and, further, shall have the power to hold, clear, repair, manage or dispose of such property for purposes consistent with this chapter. In addition, the authority<\/span> and locality<\/span> shall have the power to recover the costs of any repair or disposal of such property from the owner or owners of record, determined in accordance with subsection B of § 36-27<\/a>. This power shall be exercised only in accordance with the procedures set forth in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The chief executive or designee of the locality<\/span> or authority<\/span> shall make a preliminary determination that a property is blighted in accordance with this chapter. It shall send notice to the owner or owners of record determined in accordance with subsection B of § 36-27<\/a>, specifying the reasons why the property is blighted. The owner or owners of record shall have 30 days from the date the notice is sent in which to respond in writing with a spot blight abatement plan<\/span> to address the blight within a reasonable time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the owner or owners of record fail to respond within the 30-day period with a written spot blight abatement plan<\/span> that is acceptable to the chief executive of the agency, authority<\/span> or locality<\/span>, the agency, authority<\/span> or locality<\/span> may request the locality<\/span> to declare the property as blighted, which declaration shall be by ordinance<\/span> adopted by the governing body. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> No spot blight abatement plan<\/span> shall be effective until notice has been sent to the property owner or owners of record and an ordinance<\/span> has been adopted by the local governing body. Written notice to the property owner shall be sent by regular mail to the last address listed for the owner on the locality<\/span>’s assessment records for the property, together with a copy of such spot blight abatement plan<\/span> prepared by the agency, authority<\/span>, or locality<\/span>. If the repair or other disposition<\/span> of the property is approved, the authority<\/span>, agency, or locality<\/span> may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this section, and the applicable law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the ordinance<\/span> is adopted by the governing body of the locality<\/span>, the locality<\/span> shall have a lien<\/span> on all property so repaired or acquired under an approved spot blight abatement plan<\/span> to recover the cost of (i) improvements made by such locality<\/span> to bring the blighted property<\/span> into compliance with applicable building codes and (ii) disposal, if any. The lien<\/span> on such property shall bear interest at the legal rate of interest established in § 6.2-301<\/a>, beginning on the date the repairs are completed through the date on which the lien<\/span> is paid. The lien<\/span> authorized by this subsection may be recorded as a lien<\/span> among the land records of the circuit<\/span> court<\/span>, which lien<\/span> shall be treated in all respects as a tax lien<\/span> and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940<\/a> et seq.) and 4 (§ 58.1-3965<\/a> et seq.) of Chapter 39 of Title 58.1. 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding the other provisions of this section, unless otherwise provided for in Title 36, if the blighted property<\/span> is occupied for personal residential purposes, the governing body, in approving the spot blight abatement plan<\/span>, 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 subsection shall not apply to acquisitions, under an approved spot blight abatement plan<\/span>, by any locality<\/span> of property which has been condemned for human habitation for more than one year. In addition, such locality<\/span> exercising the powers of eminent domain in accordance with Title 25.1, may provide for temporary relocation of any person living in the blighted property<\/span> provided the relocation is within the financial means of such person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In lieu of the acquisition of blighted property<\/span> by the exercise of eminent domain, and in lieu of the exercise of other powers granted in subsections A through H, any locality<\/span> may, by ordinance<\/span>, declare any blighted property<\/span> as defined in § 36-3<\/a> to constitute a nuisance, and thereupon abate the nuisance pursuant to § 15.2-900<\/a> or § 15.2-1115<\/a>. Such ordinance<\/span> shall be adopted only after written notice by certified mail to the owner or owners at the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records. If the owner does not abate or remove the nuisance and the locality<\/span> abates or removes the nuisance at its expense, the costs of the removal or abatement of the nuisance shall be a lien<\/span> on the property and such lien<\/span> shall bear interest at the legal rate of interest established in § 6.2-301<\/a>, beginning on the date the removal or abatement is completed through the date on which the lien<\/span> is paid. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The provisions of this section shall be cumulative and shall be in addition to any remedies for spot blight abatement that may be authorized by law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPOT BLIGHT ABATEMENT AUTHORIZED; PROCEDURE (\u00a7 36-49.1:1)\n\nA. Notwithstanding any other provision of this chapter, an authority, or any\nlocality, shall have the power to acquire or repair any blighted property, as\ndefined in § 36-3, whether inside or outside of a conservation or\nredevelopment area, by purchase or through the exercise of the power of eminent\ndomain provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, and,\nfurther, shall have the power to hold, clear, repair, manage or dispose of such\nproperty for purposes consistent with this chapter. In addition, the authority\nand locality shall have the power to recover the costs of any repair or disposal\nof such property from the owner or owners of record, determined in accordance\nwith subsection B of § 36-27. This power shall be exercised only in\naccordance with the procedures set forth in this section.\n\nB. The chief executive or designee of the locality or authority shall make a\npreliminary determination that a property is blighted in accordance with this\nchapter. It shall send notice to the owner or owners of record determined in\naccordance with subsection B of § 36-27, specifying the reasons why the\nproperty is blighted. The owner or owners of record shall have 30 days from the\ndate the notice is sent in which to respond in writing with a spot blight\nabatement plan to address the blight within a reasonable time.\n\nC. If the owner or owners of record fail to respond within the 30-day period\nwith a written spot blight abatement plan that is acceptable to the chief\nexecutive of the agency, authority or locality, the agency, authority or\nlocality may request the locality to declare the property as blighted, which\ndeclaration shall be by ordinance adopted by the governing body.\n\nD. No spot blight abatement plan shall be effective until notice has been sent\nto the property owner or owners of record and an ordinance has been adopted by\nthe local governing body. Written notice to the property owner shall be sent by\nregular mail to the last address listed for the owner on the locality’s\nassessment records for the property, together with a copy of such spot blight\nabatement plan prepared by the agency, authority, or locality. If the repair or\nother disposition of the property is approved, the authority, agency, or\nlocality may carry out the approved plan to repair or acquire and dispose of the\nproperty in accordance with the approved plan, the provisions of this section,\nand the applicable law.\n\nE. If the ordinance is adopted by the governing body of the locality, the\nlocality shall have a lien on all property so repaired or acquired under an\napproved spot blight abatement plan to recover the cost of (i) improvements made\nby such locality to bring the blighted property into compliance with applicable\nbuilding codes and (ii) disposal, if any. The lien on such property shall bear\ninterest at the legal rate of interest established in § 6.2-301, beginning\non the date the repairs are completed through the date on which the lien is\npaid. The lien authorized by this subsection may be recorded as a lien among the\nland records of the circuit court, which lien shall be treated in all respects\nas a tax lien and enforceable in the same manner as provided in Articles 3\n(§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of\nTitle 58.1. The governing body may recover its costs of repair from the owner or\nowners of record of the property when the repairs were made at such time as the\nproperty is sold or disposed of by such owner or owners. If the property is\nacquired by the governing body through eminent domain, the cost of repair may be\nrecovered when the governing body sells or disposes of the property. In either\ncase, the costs of repair shall be recovered from the proceeds of any such sale.\n\nF. Notwithstanding the other provisions of this section, unless otherwise\nprovided for in Title 36, if the blighted property is occupied for personal\nresidential purposes, the governing body, in approving the spot blight abatement\nplan, shall not acquire by eminent domain such property if it would result in a\ndisplacement of the person or persons living in the premises. The provisions of\nthis subsection shall not apply to acquisitions, under an approved spot blight\nabatement plan, by any locality of property which has been condemned for human\nhabitation for more than one year. In addition, such locality exercising the\npowers of eminent domain in accordance with Title 25.1, may provide for\ntemporary relocation of any person living in the blighted property provided the\nrelocation is within the financial means of such person.\n\nG. In lieu of the acquisition of blighted property by the exercise of eminent\ndomain, and in lieu of the exercise of other powers granted in subsections A\nthrough H, any locality may, by ordinance, declare any blighted property as\ndefined in § 36-3 to constitute a nuisance, and thereupon abate the\nnuisance pursuant to § 15.2-900 or § 15.2-1115. Such ordinance shall\nbe adopted only after written notice by certified mail to the owner or owners at\nthe last known address of such owner as shown on the current real estate tax\nassessment books or current real estate tax assessment records. If the owner\ndoes not abate or remove the nuisance and the locality abates or removes the\nnuisance at its expense, the costs of the removal or abatement of the nuisance\nshall be a lien on the property and such lien shall bear interest at the legal\nrate of interest established in § 6.2-301, beginning on the date the\nremoval or abatement is completed through the date on which the lien is paid.\n\nH. The provisions of this section shall be cumulative and shall be in addition\nto any remedies for spot blight abatement that may be authorized by law.\n\nHISTORY: 1994, 2nd Sp. Sess., cc. 5, 10; 1995, cc. 702, 827; 1996, c. 847; 1997,\nc. 572; 1998, cc. 690, 898; 1999, cc. 39, 410, 418; 2001, c. 482; 2003, c. 940;\n2006, c. 784; 2007, c. 763; 2009, cc. 181, 551.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}