How does the City handle derelict structures?
Property that has been inspected by a Code Enforcement official and found to be unsafe, unfit for habitation, and a public nuisance is in violation of Sections 103.2, 105.1, 301.3, and 304.1 of the Virginia Uniform Statewide Building Code, Part III, Maintenance, also known as the Virginia Maintenance Code. If the property has also been determined to pose a danger to public health and safety, it is in violation of Sections 15.2-906 and 15.2-1115 of the Code of Virginia and Section 7-2 of the Code of the City of Roanoke.
Reports of derelict structures will be submitted to the appropriate Code Enforcement Inspector based on assigned zones. When the Inspector visits the property, he/she will inspect it for all building code violations. If he/she deems that the structure is unsafe, he/she will take a picture of the property and post a bright yellow notice to the front door that says “This Structure is Unfit for Habitation”. The Inspector will also attach a bright orange notice on the house that reads “Notification to Public: This Building is Structurally Unsound”, sign and date it and note the address.
In addition to posting the notice on the structure, the Inspector will also mail a “Notice of Unsafe Structure” to the property owner within one to two days of the original inspection indicating the date by which all violations must be corrected or by which the building must be demolished, and the consequences if the owner does not comply. Copies of the appropriate sections of the State and City Codes as well as a “Violation Inspection Report” identifying the required corrections are included with the notice. Also included with the notice is a form for the property owner to complete and return to Code Enforcement to indicate his/her acceptance or rejection of the repair/demolition order. If the property owner rejects the order, he/she has the right under Section 106.1 of the Virginia Maintenance Code to appeal the order to the City’s Local Board of Building Code Appeals. A written request for such an appeal must be filed with the Code Enforcement Office within 14 days of the date of first receipt of the order. An appeal requires a processing fee of $75.
Some of the repairs needed may require a building permit before proceeding. Additionally, if the property is located in an H-1, Historic District, or an H-2, Neighborhood Preservation District, additional approvals and a Certificate of Appropriateness from the Architectural Review Board may be needed before proceeding with demolition or exterior repairs. Failure to correct a violation of the Virginia Maintenance Code is a criminal misdemeanor and may be punished by a fine of up to $2,500.
If the property owner does not meet the time limits for correcting all violations or demolishing the building, the City may repair or demolish the building and bill the property owner for the costs plus an additional 20%. Failure to pay this bill may result in collection activities against the property owner and a lien being placed on the property.