Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 63 - VIRGINIA UNIFORM STATEWIDE BUILDING CODE › Part I - Construction › Section 13VAC5-63-150 - Section 115 Violations

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Section 115.1 Violation a misdemeanor; civil penalty. In accordance with §
										36-106
				  of the Code of Virginia, it shall be unlawful for any owner or any other
				  person, firm or corporation, on or after the effective date of any code
				  provisions, to violate any such provisions. Any locality may adopt an ordinance
				  that establishes a uniform schedule of civil penalties for violations of
				  specified provisions of the code that are not abated or remedied promptly after
				  receipt of a notice of violation from the local enforcement officer.
Note: See the full text of §
											36-106
					 of the Code of Virginia for additional requirements and criteria pertaining to
					 legal action relative to violations of the code.
B. Section 115.2 Notice of violation. The
				  building official shall issue a written notice of violation to the permit
				  holder if any violations of this code or any directives or orders of the
				  building official have not been corrected or complied with within a reasonable
				  time. The building official may also issue a notice of violation to other
				  persons found to be responsible in addition to the permit holder. If the
				  violations, directives, or orders involve work without a permit, the notice of
				  violation shall be issued to the responsible party. The notice shall reference
				  the code section upon which the notice is based and direct the correction of
				  the violation or the compliance with such directive or order and specify a
				  reasonable time period within which the corrections or compliance must occur.
				  The notice shall be issued by either delivering a copy by mail to the last
				  known address of the permit holder or responsible party, by delivering the
				  notice in person, by leaving it in the possession of any person in charge of
				  the premises, or by posting the notice in a conspicuous place if the person in
				  charge of the premises cannot be found. The notice of violation shall indicate
				  the right of appeal by referencing the appeals section. When the owner of the
				  building or structure or the tenants of such building or structure are not the
				  party to whom the notice of violation is issued, then a copy of the notice
				  shall also be delivered to the owner or tenants.
Note: A notice of unsafe building or structure for
					 structures that become unsafe during the construction process are issued in
					 accordance with Section 118.
C. Section 115.2.1 Notice not to be issued
				  under certain circumstances. When violations are discovered more than two years
				  after the certificate of occupancy is issued or the date of initial occupancy,
				  whichever occurred later, or more than two years after the approved final
				  inspection for an alteration or renovation, a notice of violation shall only be
				  issued upon advice from the legal counsel of the locality that action may be
				  taken to compel correction of the violation. When compliance can no longer be
				  compelled by prosecution under §
										36-106
				  of the Code of Virginia, the building official, when requested by the building
				  owner, shall document in writing the existence of the violation noting the
				  edition of the USBC the violation is under.
D. Section 115.3 Further action when
				  violation not corrected. Upon failure to comply with the notice of violation,
				  the building official may initiate legal proceedings by requesting the legal
				  counsel of the locality to institute the appropriate legal proceedings to
				  restrain, correct or abate the violation or to require the removal or
				  termination of the use of the building or structure involved. In cases where
				  the locality so authorizes, the building official may issue or obtain a summons
				  or warrant. Compliance with a notice of violation notwithstanding, the building
				  official may request legal proceedings be instituted for prosecution when a
				  person, firm or corporation is served with three or more notices of violation
				  within one calendar year for failure to obtain a required construction permit
				  prior to commencement of work subject to this code.
Note: See §
											19.2-8
					 of the Code of Virginia concerning the statute of limitations for building code
					 prosecutions.
E. Section
				  115.4 Penalties and abatement. Penalties for violations of the USBC shall be as
				  set out in §
										36-106
				  of the Code of Virginia. The successful prosecution of a violation of the USBC
				  shall not preclude the institution of appropriate legal action to require
				  correction or abatement of a violation.
F. Section 115.5 Transfer of ownership. In
				  accordance with §
										36-105
				  of the Code of Virginia, if the local building department has initiated an
				  enforcement action against the owner of a building or structure and such owner
				  subsequently transfers the ownership of the building or structure to an entity
				  in which the owner holds an ownership interest greater than 50%, the pending
				  enforcement action shall continue to be enforced against the owner.
Statutory Authority: §
												36-98
						of the Code of Virginia.