19970325 1997-4ORDINANCE NO. 1997-4
AN ORDINANCE TO AMEND CHAPTER 5 OF THE CODE OF THE CITY OF
FAIRFAX BY ADDING ARTICLE X, "BLIGHTED PROPERTIES," TO
PROVIDE FOR AND REQUIRE ABATEMENT OF BLIGHTING CONDITIONS
ARTICLE X. Blighted Properties
Sec. 5-148 Definitions.
For the purposes of this article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Blighted Properties: Areas with buildings or improvements that meet the
following conditions:
dilapidation or
obsolescence or
overcrowding or
faulty arrangement of design or
lack of ventilation, light & sanitary facilities or
excessive land coverage or
deleterious land use or
obsolete layout or
Any combination of these or other factors
AND
IDetrimental to the safety, health, morals or welfare of the I
community
I
Deleterious land use: A land use that is nonconforming to current zoning
and building requirements, that does not meet community appearance
standards, or that results in substantiated violations of state and City code
Dilapidation: state of a property that has been subjected to inadequate
maintenance that contributes to unsafe site or building conditions or gives
the appearance of unsafe site or building conditions
Excessive land coverage: Land development that overly restricts access to
light and air, or has extensive impervious surface that creates stormwater
runoff that regularly and detrimentally impacts adjacent properties, or that
does not meet zoning requirements for open space and tree canopy
Faulty arrangement of design: Facility siting causing ineffective or
substantially inefficient use of a site or building
Lack of ventilation, light & sanitary facilities: The absence of appropriate
systems to ensure adequate ventilation, light and sanitary facilities as required
by the Virginia Uniform Statewide Building Code, Volume I (New
Construction Code) and Volume II (Building Maintenance Code)
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Obsolescence: A state that severely restricts the marketability or utility of a
property because of changing land development patterns and construction
design trends and requirements
Obsolete layout: Site layout that uses greater than average resources to offer
less than average utility and convenience; also, a site design that does not
reflect modern patterns of development
Overcrowding: The condition of a site or building that suggests disorder,
insufficient space or excess occupancy
Sec. 5-149 Purpose.
It is the purpose of this article to provide for and require abatement of
blighting conditions in accordance with the provisions of Article 7, Chapter 37
of Title 36 of the Code of Virginia.
Sec. 5-150 Procedures
a) The City Manager, or his designee, shall make a preliminary
determination that a property is blighted in accordance with this article and
with rules and regulations prescribed pursuant to Section 5-151. The Manager
shall notify the owner of the subject property, specifying the reasons why the
property is considered blighted. The owner shall have thirty (30) days within
which to respond with a plan to cure the blight within a reasonable time.
(b) If the owner fails to respond within the thirty-day period with a plan
that is acceptable to the City Manager, the Manager
1. May request the Planning Commission to conduct a legally
advertised public hearing and make findings and
recommendations that shall be reported to the City Council
concerning the repair or other disposition of the property in
question; and
2. In the event a public hearing is scheduled, shall prepare a plan
for the repair or other disposition of the property.
(c) Not less than three weeks prior to the date of the public hearing before
the Planning Commission, the Commission shall provide by regular and
certified mail, notice of such hearing to
1. The owner of the blighted property or his designated agent for
receipt of service of notices concerning the payment of real estate taxes;
and
2. The owners of abutting property, including owners of property
immediately across the street or road from the subject property; and
3. The representative neighborhood association(s), if any, for the
immediate area.
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The notice shall include the plan for the intended repair or other disposition
of the property. The notice of the public hearing shall be published at least
twice, with not less than six days elapsing between the first and second
publication in a newspaper published or having general circulation in the
City. The notice shall also be posted on the property. The notice shall specify
the time and place of the hearing at which persons affected may appear and
present their views, not less than six days nor more than twenty-one days
after the second publication.
(d) The Planning Commission shall determine whether
1. The property is blighted;
2. The owner has failed to cure the blight or present a reasonable plan
to do so;
3. The plan for the repair or other disposition of the property is in
accordance with the comprehensive plan, zoning ordinances and other
applicable land use regulations; and
4. The property is located within an area listed on the National
Register of Historic Places. In such instances, the Commission shall
consult with the Board of Architectural Review regarding the proposed
repair or other disposition of the property.
(e) The Planning Commission shall report its findings and
recommendations concerning the property to the City Council. The City
Council, upon receipt of such findings and recommendations, may, after a
legally advertised public hearing, affirm, modify or reject the Commission's
findings and recommendations. If the repair or other disposition of the
property is approved, the City Manager 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 article, and applicable law. The City shall have a
lien on all property so repaired or acquired under an approved plan to recover
the cost of improvements made to bring the property into compliance with
applicable building codes, and disposal, if any. The lien authorized by this
subsection shall be filed in the circuit court and shall be subordinate to any
prior liens of record. The City may recover its costs of repair from the owner
of record of the property when the repairs were made at such time as the
property is sold or disposed of by such owner. If the property is acquired by
the City through eminent domain, the cost of repair may be recovered when
the City 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 provisions of this section, unless otherwise
provided for in the City Code, if the blighted property is occupied for personal
residential purposes, the City, in approving the plan, shall not allow for an
acquisition of the 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 plan, by the City of any property that
has been condemned for human habitation for more than one year. In
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addition, when exercising the powers of eminent domain in accordance with
state and City law, the City may provide for temporary relocation of any
person living in the blighted property provided the relocation is within the
financial means of such person.
Sec. 5-151 Rules and regulations.
The City Manager or his designee may prescribe rules and regulations,
consistent with this article, deemed necessary for the effective administration
hereof. A copy of any such rules and regulations shall be available upon
request in the office of the City Manager or his designee.
Sec. 5-152 Other laws and ordinances.
Nothing in this article shall be construed to relieve an owner or any
other person or entity from complying with all other applicable laws and
ordinances related to the development, use, rehabilitation, maintenance or
taxation of real estate. The provisions of this article shall be in addition to any
remedies for spot blight abatement that may be authorized by any other
provision of law.
City Council Hearing: March 25, 1997
Adopted: March 25, 1997
ATTEST:
I ~-~(fi~-y~lerk
Mayor