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 13VAC5-63-490 - Section 106 Unsafe structures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Section 106.1 General. This section shall
				  apply to existing structures which are classified as unsafe. All conditions
				  causing such structures to be classified as unsafe shall be remedied or as an
				  alternative to correcting such conditions, the structure may be vacated and
				  secured against public entry or razed and removed. Vacant and secured
				  structures shall still be subject to other applicable requirements of this
				  code. When the code official determines that an unsafe structure constitutes
				  such a hazard that it should be demolished, then the code official shall be
				  permitted to order the demolition of such structures in accordance with
				  applicable requirements of this code.
Note: Structures which become unsafe during construction
					 are regulated under the VCC.
B. Section 106.3 Notice of unsafe structure.
				  When a structure is determined by the code official to be an unsafe structure,
				  a written notice of unsafe structure shall be issued by personal service to the
				  owner, the owner's agent, or the person in control of such structure. If the
				  notice is unable to be issued by personal service, then the notice shall be
				  sent by registered or certified mail to the last known address of the
				  responsible party, and a copy of the notice shall be posted in a conspicuous
				  place on the premises. The notice shall specify the section numbers for any
				  code provisions cited, the corrections necessary to comply with this code, or
				  if the structure is required to be demolished, the notice shall specify the
				  time period within which the demolition must occur. The notice of unsafe
				  structure shall indicate the right of appeal by referencing the appeals section
				  of this code. The person to whom the notice has been issued shall be
				  responsible for contacting the code official within the timeframe established
				  for any reinspections to ensure the violations have been corrected. The code
				  official will be responsible for making such inspection and verifying the
				  violations have been corrected.
Note: Whenever possible, the notice should also be given to
					 any tenants of the affected structure.
C. Section 106.4 Vacating unsafe structure.
				  The code official is authorized to order occupants to vacate the unsafe
				  structure or prohibit occupancy of the unsafe structure. When an unsafe
				  structure is ordered to be vacated or prohibited from occupancy, the code
				  official shall include the order in the notice of unsafe structure, or issue a
				  separate order.
D. Section 106.5
				  Posting of placard. An unsafe structure that has been issued an order to vacate
				  or prohibited from occupancy shall be posted with the following wording at each
				  entrance to the structure: "THIS STRUCTURE IS UNSAFE AND ITS USE OR OCCUPANCY
				  HAS BEEN PROHIBITED BY THE CODE OFFICIAL." After a structure is placarded,
				  entering the structure shall be prohibited except as authorized by the code
				  official to make inspections, to perform required repairs, or to demolish the
				  structure. In addition, the placard shall not be removed until the structure is
				  determined by the code official to be safe to occupy, nor shall the placard be
				  defaced.
E. Section 106.6
				  Revocation of certificate of occupancy. If a notice of unsafe structure is not
				  complied with within the time period stipulated on the notice, the code
				  official shall be permitted to request the local building department to revoke
				  the certificate of occupancy issued under the VCC.
F. Section 106.7 Vacant and open structures.
				  When an unsafe structure is open for public entry, the code official shall be
				  permitted to authorize the necessary work to make such structure secure against
				  public entry whether or not legal action to compel compliance has been
				  instituted.
G. Section 106.8
				  Emergency repairs and demolition. To the extent permitted by the locality, the
				  code official may authorize emergency repairs to unsafe structures when it is
				  determined that there is an imminent danger of any portion of the unsafe
				  structure collapsing or falling and when life is endangered. Emergency repairs
				  may also be authorized where there is a code violation resulting in the
				  immediate serious and imminent threat to the life and safety of the occupants.
				  The code official shall be permitted to authorize the necessary work to make
				  the structure temporarily safe whether or not legal action to compel compliance
				  has been instituted. In addition, whenever an owner of an unsafe structure
				  fails to comply with a notice to demolish issued under Section 106.3 in the
				  time period stipulated, the code official shall be permitted to cause the
				  structure to be demolished. In accordance with §§
										15.2-906 and
				  15.2-1115 of the Code of
				  Virginia, the legal counsel of the locality may be requested to institute
				  appropriate action against the property owner to recover the costs associated
				  with any such emergency repairs or demolition and every such charge that
				  remains unpaid shall constitute a lien against the property on which the
				  emergency repairs or demolition were made and shall be enforceable in the same
				  manner as provided in Articles 3 (§
										58.1-3940 et seq.) and 4 (§
										58.1-3965 et seq.) of Chapter 39
				  of Title 58.1 of the Code of Virginia.
Note: Code officials and local governing bodies should be
					 aware that other statutes and court decisions may impact on matters relating to
					 demolition, in particular whether newspaper publication is required if the
					 owner cannot be located and whether the demolition order must be delayed until
					 the owner has been given the opportunity for a hearing. In addition, historic
					 building demolition may be prevented by authority granted to local historic
					 review boards in accordance with §
											15.2-2306 of the Code of
					 Virginia unless determined necessary by the code official.
J. Section 106.9 Closing of streets. When
				  necessary for public safety, the code official shall be permitted to order the
				  temporary closing of sidewalks, streets, public ways, or premises adjacent to
				  unsafe structures and prohibit the use of such spaces.
Statutory Authority: §
												36-98 of the Code of
						Virginia.