Chapter 76, BUILDINGS, UNSAFE

[HISTORY: Adopted by the Board of Supervisors of Shenandoah County 9-25-1975. Amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 71.
CODE OF VIRGINIA REFERENCES
Authority to require removal of unsafe buildings -- See § 15.2-906.

§ 76-1. Applicability.

The following regulations shall apply to buildings and structures which are or hereafter may be determined to be unsafe under the terms of this chapter, notwithstanding that buildings and structures erected after the adoption of the Uniform Statewide Building Code [EN]1 shall be regulated under the provisions of that code, except that if the construction of such buildings or structures were exempt from that code then the provisions of this chapter shall apply.

§ 76-2. Removal or securing of unsafe buildings or structures.

All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare, or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure as the County Building Official may deem necessary and as provided in this chapter. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.

§ 76-3. Examination and record of damaged building.

The County Building Official shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard, and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, and estimated cost of repair.

§ 76-4. Service of notice.

If an unsafe condition is found in a building or structure, the County Building Official shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure, or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately declare to the County Building Official his acceptance or rejection of the terms of the order.

§ 76-5. Restoration of unsafe building.

A building or structure condemned by the County Building Official may be restored to safe condition, provided that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration, except that if the damage or cost of reconstruction or restoration is in excess of fifty percent (50%) of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings erected under provisions of the Uniform Statewide Building Code.

§ 76-6. Posting unsafe notice. [Amended 9-23-1997 by Ord. No. 97-7]

If the person addressed with an unsafe notice cannot be found within the County after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the unsafe notice shall be posted in a conspicuous place on the premises; and such procedure shall be deemed the equivalent of personal notice. The notice shall be mailed by registered mail, return receipt requested, sent to the last known address of the property owner and published in a newspaper having general circulation in the County in accordance with applicable provisions of §§ 15.2-1426 and 15.2-1427 of the Code of Virginia.

§ 76-7. Disregard of unsafe notice. [Amended 9-23-1997 by Ord. No. 97-7]

Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Commonwealth's Attorney of Shenandoah County shall be advised of all the facts and he shall institute the appropriate action to compel compliance. No action shall be taken by the County for at least thirty (30) days following the later of the return of the receipt or newspaper publication.

§ 76-8. Vacating buildings.

When, in the opinion of the County Building Official, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the County Building Official is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows, and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same: "THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE COUNTY BUILDING OFFICIAL."

§ 76-9. Closing streets and adjacent buildings.

When necessary for the public safety, the County Building Official may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings and prohibit the same from being used.

§ 76-10. Cost of repairs or demolition. [EN]2

The cost of making required repairs or of demolishing the building, as the case may be, is the responsibility of the owner or his agent. The costs of repair and removal by the County that remain unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid taxes and enforceable in the same manner as provided in §§ 589.1-3940 et seq. and 58.1-3965 et seq. of the Code of Virginia.

§ 76-11. Appeal.

A decision rendered by the County Building Official in the enforcement of this chapter may be appealed to the Board of Supervisors, provided that such appeal is made within thirty (30) days in a manner and form to be specified by the County Building Official; provided, however, that a decision rendered under §§ 76-8 and 76-9 is not subject to appeal. Before rendering a decision in favor of the appellant the Board of Supervisors must serve as a committee of the whole and conduct an on-site investigation of the buildings or structures in question and clearly determine that the condition of the same poses no threat to the health, safety or general welfare of citizens of Shenandoah County.

§ 76-12. Violations and penalties. [EN]3

Persons failing to comply with provisions of this chapter shall, upon conviction, be subject to fine and imprisonment as a Class 1 misdemeanor. Each day of violation beyond the time limit set by the County Building Official shall constitute a separate offense.

Editor's Note 1: See Ch. 71, Building Construction, Art. I.

Editor's Note 2: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Editor's Note 3: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.