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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) 1997-4 -2 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. 1997-4 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 -3 1997-4 -4 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