Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 63 - VIRGINIA UNIFORM STATEWIDE BUILDING CODE › Part III - Maintenance › Section 13VAC5-63-485 - Section 105 Violations

Current through Register Vol. 40, No. 24, July 15, 2024
105.1 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.
105.2 Notices, reports and orders. Upon
				  findings by the code official that violations of this code exist, the code
				  official shall issue a correction notice or notice of violation to the owner,
				  tenant or the person responsible for the maintenance of the structure or a
				  notice of unsafe structure in accordance with Section 106 when a building or
				  structure is determined by the code official to be an unsafe structure. Work
				  done to correct violations of this code subject to the permit, inspection, and
				  approval provisions of the VCC shall not be construed as authorization to
				  extend the time limits established for compliance with this code. When the
				  owner is not the responsible party to whom the notice of violation or
				  correction notice is issued, a copy of the notice shall also be delivered to
				  the owner.
105.3 Correction notice.
				  The correction notice shall be a written notice of the defective conditions.
				  The correction notice shall require correction of the violation within a
				  reasonable time unless an emergency condition exists as provided under the
				  unsafe building provisions of Section 106. Upon request, the correction notice
				  shall reference the code section that serves as the basis for the defects and
				  shall state that such defects shall be corrected and reinspected in a
				  reasonable time designated by the code official.
105.4 Notice of violation. If the code
				  official determines there are violations of this code a written notice of
				  violation may be issued to the owner, tenant, or the person responsible for the
				  maintenance or use of the building or structure in lieu of a correction notice
				  as provided for in Section 105.3. In addition, the code official shall issue a
				  notice of violation for any uncorrected violation remaining from a correction
				  notice established in Section 105.3. The code official shall provide the
				  section numbers for any code provisions cited in the notice of violation to the
				  owner, tenant, or the person responsible for the maintenance or use of the
				  building or structure. The notice shall require correction of the violation
				  within a reasonable time. The owner, tenant, or person to whom the notice of
				  violation has been issued shall be responsible for contacting the code official
				  within the timeframe established for any reinspections to assure the violations
				  have been corrected. The code official will be responsible for making such
				  inspection and verifying the violations have been corrected. In addition, the
				  notice of violation shall indicate the right of appeal by referencing the
				  appeals section of this code.
Exception:
Notices issued for failing to maintain buildings and
					 structures as required by Section 103.2, as evidenced by multiple or repeated
					 violations on the same property are not required to include a compliance
					 deadline for correcting defects.
105.5 Coordination of inspections. The code
				  official shall coordinate inspections and administrative orders with any other
				  state or local agencies having related inspection authority and shall
				  coordinate those inspections required by the Virginia Statewide Fire Prevention
				  Code (13VAC5-52) for maintenance of fire protection devices, equipment, and
				  assemblies so that the owners and occupants will not be subjected to numerous
				  inspections or conflicting orders.
Note: The Fire Prevention Code requires the fire official
					 to coordinate such inspections with the code official.
105.6 Further action when violation not
				  corrected. If the responsible party has not complied with the notice of
				  violation, or notice of unsafe structure, the code official may request 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 or legal counsel so authorizes, the code official may issue or
				  obtain a summons or warrant.
105.6.1 Further
				  action for corrected violations: Compliance with a notice of violation or
				  notice of unsafe structure notwithstanding, the code official may request legal
				  proceedings be instituted for prosecution when a responsible party is served
				  with three or more separate notices of violation or notice of unsafe structure
				  for the same property within any five consecutive years. Legal proceedings
				  shall not be instituted under this section for violation notices issued
				  pursuant to the initial inspection of the property. Legal proceedings for
				  violations that have been abated in residential rental dwelling units within a
				  multifamily apartment development may only be instituted for such violations
				  that affect safe, decent, or sanitary living conditions.
Exception: Legal proceedings shall not be instituted for
					 violations that have been abated on owner-occupied single family
					 dwellings.