Virginia HB 150: Derelict residential buildings; civil penalty.

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2020 SESSION

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CHAPTER 9 

An Act to amend and reenact � 15.2-907.1 of the Code of 
Virginia, relating to derelict residential buildings; civil penalty. 

[H 150] 

Approved February 24, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 15.2-907.1 of the Code of Virginia is amended and 
reenacted as follows:

� 15.2-907.1. Authority to require removal, repair, etc., of 
buildings that are declared to be derelict; civil penalty.

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 "derelict building." For purposes 
of this section, "derelict building" shall mean a residential or 
nonresidential building or structure, whether or not construction has been 
completed, that might endanger the public'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'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; for residential property, 
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