§ 6-5. Removal, repair, etc., of buildings and other structures.

In order to provide for the wellbeing and safety of the general public, the town council provides under the provisions of title 15.2 of the Code of Virginia, 1950, as amended, and any future amendments thereto:

(1)

That the owners of property therein, shall at such time as the town council may prescribe, remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the town.

(2)

That the town council through its own agents or employees may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the town, wherein the owner of such property, after reasonable notice and reasonable time to do so, has failed to remove, repair or secure such building, wall or other structure. For purposes of this section, repair may include maintenance work to the exterior of a building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice:

a.

Mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner; and

b.

Published once a week for two successive weeks in a newspaper having general circulation in the locality.

No action shall be taken by the town to remove, repair, or secure any building, wall, or other structure for at least 30 days following the later of the return of the receipt or newspaper publication, except that the locality may take action to prevent unauthorized access to the building within seven days of such notice if the structure is deemed to pose a significant threat to public safety and such fact is stated in the notice.

(3)

That in the event the town council, through its own agents or employees removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this section, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and may be collected by the town as taxes and levies are collected.

(4)

That every charge authorized by this section, with which the owner of any such property shall have been assessed and which remains unpaid, shall constitute a lien against such property or the Code of Virginia, § 15.2-900, with which the owner of any such property has been assessed and that remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided in articles 3 (Code of Virginia, § 58.1-3490 et seq.) and 4 (Code of Virginia, § 58.1-3965 et seq.) of chapter 39 of title 58.1 of the Code of Virginia. The town council may waive such liens in order to facilitate the sale of the property only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.

(5)

Notwithstanding the foregoing, with the written consent of the property owner, the town may, through its agents or employees, demolish or remove a derelict nonresidential building or structure provided that such building or structure is neither located within nor determined to be a contributing property within a state or local historic district nor individually designated in the state landmarks register. The property owner's written consent shall identify whether the property is subject to a first lien evidenced by a recorded deed of trust or mortgage and, if so, shall document the property owner's best reasonable efforts to obtain the consent of the first lienholder or the first lienholder's authorized agent. The costs of such demolition or removal shall constitute a lien against such property. In the event the consent of the first lienholder or the first lienholder's authorized agent is obtained, such lien shall rank on a parity with liens for unpaid local taxes and be enforceable in the same manner as provided in this section. In the event the consent of the first lienholder or the first lienholder's authorized agent is not obtained, such lien shall be subordinate to that first lien but shall otherwise be subject to this section.

(6)

The town may prescribe civil penalties, not to exceed a total of $1,000.00, for violations of any ordinance adopted pursuant to this section.

(Comp. Ords., § 4.5; Ord. of 2-10-2015)

(Comp. Ords., § 4.5; Ord. of 2-10-2015)