                                 CODE OF VIRGINIA

AUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF BUILDINGS THAT ARE DECLARED TO BE
DERELICT; CIVIL PENALTY (§ 15.2-907.1)

Any locality that has a real estate tax abatement program in accordance with
this section may, by ordinance, provide that:

1. The owners of property therein shall at such time or times as the governing
body may prescribe submit a plan to demolish or renovate any building that has
been declared a &#8220;derelict building.&#8221; For purposes of this section,
&#8220;derelict building&#8221; means a residential or nonresidential building
or structure, whether or not construction has been completed, that might
endanger the public&#8217;s health, safety, or welfare and for a continuous
period in excess of six months, it has been (i) vacant, (ii) boarded up in
accordance with the building code, and (iii) not lawfully connected to electric
service from a utility service provider or not lawfully connected to any
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 owner is
required to submit to the locality a plan, within 90 days, to demolish or
renovate the building to address the items that endanger the public&#8217;s
health, safety, or welfare as listed in a written notification provided by the
locality. Such plan may be on a form developed by the locality and shall include
a proposed time within which the plan will be commenced and completed. The plan
may include one or more adjacent properties of the owner, whether or not all of
such properties may have been declared derelict buildings. The plan shall be
subject to approval by the locality. The locality shall deliver the written
notice to the address listed on the real estate tax assessment records of the
locality. Written notice sent by first-class mail, with the locality obtaining a
U.S. Postal Service Certificate of Mailing shall constitute delivery pursuant to
this section.

3. If a locality delivers written notice and the owner of the derelict building
has not submitted a plan to the locality within 90 days as provided in
subdivision 2, the locality may exercise such remedies as provided in this
section or as otherwise provided by law. Such remedy may include imposition of a
civil penalty not exceeding $500 per month until such time as the owner has
submitted a plan in accordance with this section; however, the total civil
penalty imposed shall not exceed the cost to demolish the derelict building. Any
such civil penalty shall be paid into the treasury of the locality.

4. The owner of a building may apply to the locality and request that such
building be declared a derelict building for purposes of this section.

5. The locality, upon receipt of the plan to demolish or renovate the building,
at the owner&#8217;s request, shall meet with the owner submitting the plan and
provide information to the owner on the land use and permitting requirements for
demolition or renovation.

6. If the property owner&#8217;s plan is to demolish the derelict building, the
building permit application of such owner shall be expedited. If the owner has
completed the demolition within 90 days of the date of the building permit
issuance, the locality shall refund any building and demolition permit fees.
This section shall not supersede any ordinance adopted pursuant to &#xA7;
15.2-2306 relative to historic districts.

7. If the property owner&#8217;s plan is to renovate the derelict building, and
no rezoning is required for the owner&#8217;s intended use of the property, the
site plan or subdivision application and the building permit, as applicable,
shall be expedited. The site plan or subdivision fees may be refunded, all or in
part, but in no event shall the site plan or subdivision fees exceed the lesser
of 50 percent of the standard fees established by the ordinance for site 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 in part, but in no
event shall the building permit fees exceed the lesser of 50 percent of the
standard fees established by the ordinance for building permit applications for
the proposed use of the property, or $5,000 per property.

8. Prior to commencement of a plan to demolish or renovate the derelict
building, at the request of the property owner, the real estate assessor shall
make an assessment of the property in its current derelict condition. On the
building permit application, the owner shall declare the costs of demolition, or
the costs of materials and labor to complete the renovation. At the request of
the property owner, after demolition or renovation of the derelict building, the
real estate assessor shall reflect the fair market value of the demolition costs
or the fair market value of the renovation improvements, and reflect such value
in the real estate tax assessment records. The real estate tax on an amount
equal to the costs of demolition or an amount equal to the increase in the fair
market value of the renovations shall be abated for a period of not less than 15
years, and is transferable with the property. The abatement of taxes for
demolition shall not apply if the structure demolished is a registered Virginia
landmark or is determined by the Department of Historic Resources to contribute
to the significance of a registered historic district. However, if the locality
has an existing tax abatement program for less than 15 years, as of July 1,
2009, the locality may provide for a tax abatement period of not less than five
years.

9. Notwithstanding the provisions of this section, the locality may proceed to
make repairs and secure the building under &#xA7; 15.2-906, or the locality may
proceed to abate or remove a nuisance under &#xA7; 15.2-900. In addition, the
locality may exercise such remedies as may exist under the Uniform Statewide
Building Code and may exercise such other remedies available under general and
special law.

HISTORY: 2009, cc. 181, 551; 2020, c. 9; 2025, c. 61.