                                 CODE OF VIRGINIA

SPOT BLIGHT ABATEMENT AUTHORIZED; PROCEDURE (§ 36-49.1:1)

A. 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 &#xA7; 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 (&#xA7; 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 &#xA7; 36-27. This power shall be exercised only in
accordance with the procedures set forth in this section.

B. 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 &#xA7; 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. 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.

D. 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&#8217;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. 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 &#xA7; 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
(&#xA7; 58.1-3940 et seq.) and 4 (&#xA7; 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. 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.

G. 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 &#xA7; 36-3 to constitute a nuisance, and thereupon abate the
nuisance pursuant to &#xA7; 15.2-900 or &#xA7; 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 &#xA7; 6.2-301, beginning on the date the
removal or abatement is completed through the date on which the lien is paid.

H. 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.

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.