CHAPTER 799

An Act to authorize certain cities to require repair of certain housing
facilities.
[S 446]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. § 1. The provisions of this act shall apply in any city having a
population of not less than two hundred thousand inhabitants nor more
than three hundred thousand inhabitants and having as a department
of government a city health department.

§ 2. The following words and phrases when used in this act shall
have the meanings respectively ascribed to them in this section except
where the context clearly requires a different meaning:

(a) Nuisance.—That which is held to so be at common law, in equity
or that which is so described either in the Health Code of the city or in
the Code of Virginia;

(b) Department.—The District Health Department of the city ;

(c) Multiple dwelling —aA structure or dwelling that is leased to and
occupied by two or more families;

(d) Court.—Hustings Court of the city;

(e) Director.—Director of the Department of Public Health or offi-
cer in charge of such department of the city.

3. Whenever the Department finds in carrying out its duties under
the police power of the city to protect the health, welfare or safety of its
citizens that any multiple dwelling or any part thereof constitutes a
nuisance, it shall so certify and notify the owner, rental agent, mortgagee
and any other lien creditor of record, if any, by certified mail of this fact
and describe the repairs it deems necessary to abate such nuisance by its
repair or removal. The notice shall further state that the repairs set forth
therein shall be begun within twenty-one days from receipt of thé
Said notice; provided, however, that if the Department should determin«
that the nuisance is such that a delay of twenty-one days in remedying
br abating it will cause irreparable harm to the building or constituté
An imminent danger to the occupants thereof, or to the occupants of al
adjoining building, or to the general public, the notice may specify tha
the repairs described shall begin within seven days after the receipt o
the notice. In such case, the Department shall in its notice state th
special reasons why such repairs shall be abated in seven days.

_ § 4. If the repairs as described in § 3 are not begun within th
Ame set forth in the notice, the Department may institute an action i
fhe court by filing a verified petition for an order directing the owne
ental agent, mortgagee and lien creditor of record, if any, to appear an
how cause why such repairs should not be made. The petition sha
ontain proof by affidavit that the notice of the Department was issue
ind served by certified mail on the owner, real estate broker, mortgage
nd lien creditor of record, if any, in accordance with and within the perioc
pecified in § 3 above; a description of the dwelling and conditior
onstituting such nuisance; a statement that a nuisance which constitut
| serious hazard or threat to health. safetv or welfare of the public co:
tinues to exist in the dwelling after the time fixed for the removal thereo:
in the notice; a brief description of the nature of the act or repairs re
quired to remove or abate the condition; and an estimate of the cost
thereof. The owner, real estate broker, mortgagee and lien creditor o:
record, if any, shall be served with a copy of the petition in the same
manner as service is made in any civil suit, except that if any owner
mortgagee or lien creditor of record lives outside the State, he shall be
served by publication as provided for in other suits in law or equity. The
owner, real estate broker, mortgagee and lien creditor of record shal]
be required to file an answer not less than ten days after service of process.

§ 5. Within ten days after answer is filed, the matter shall be set
for hearing and shall take precedence over any other cases on the docket.
The court shall hear the case and the sole issues to be determined will be
whether there is a nuisance and whether its abatement is necessary to
protect the health, welfare or safety of the occupants of the property or
persons living adjacent thereto.

§ 6. Upon a finding that a nuisance exists and that its immediate
abatement is necessary, and that the owner, real estate broker, mortgagee
and lien creditor of record refuse or neglect to take steps to abate such
nuisance, the court shall inform the owner that he must either (1) com-
mence the repairs necessary to abate the nuisance within 14 days or (2)
vacate the dwelling until such repairs are undertaken, and in the event
that the owner does not comply with (1) or (2) above within a period of
14 days, the court shall appoint the Director who may, with all reasonable
speed, abate the nuisance and remove all conditions constituting such
nuisance in the dwelling including those constituting a fire hazard or a
threat to health, welfare or safety. He may, in addition to ordinary
repairs, maintenance and replacement make such other improvements as
are necessary to effect the rehabilitation of the property in such a fashion
as is consistent with maintaining safe and habitable conditions over the
remaining useful life of the dwelling. He shall have the power to let
contracts therefor, and to incur expenses for individual items of repairs,
improvements or supplies without the procurement of competitive bids.
The Director shall not be required to file any bond. He shall be empowered
to collect the accrued and accruing rents, issues and profits of the dwelling
and apply the same to the cost of removing or abating the nuisance and to
the making of such other improvements as are necessary to keep the prop-
erty in a habitable condition, after deducting therefrom such amounts
as may be necessary to satisfy assessments for taxes or utility service fees,
prior liens and mortgage payments, and operation and maintenance
expenses. The Department shall advance the sum required to cover the
initial cost of making the required repairs.

§ 7. Nothing herein shall be deemed to relieve the owner of any civil
or criminal liability incurred or any duty imposed by reason of the acts
or omissions of the owner prior to the appointment of the Director, nor
shall anything contained herein be construed to suspend any obligation
of the owner for the payment of taxes, other operating or maintenance
expenses of the dwelling, nor for the payment of mortgages or liens.

§ 8. The Director shall be discharged and relieved of further re-
sponsibility in connection with the property upon filing a petition in the
action setting forth that all repairs necessary to abate the nuisance have
been made, that the property is in a habitable condition fit for human
occupancy and that the Department has been reimbursed in full out of the
rents, issues and profits of the property for any moneys advanced by it
toward the cost of the repairs. In addition, the Director shall file a formal
accounting in the court of all moneys received and expended and a check
turning back to the court any surplus money received to be delivered
to the owner.
§ 9. Any time before the Director has received in rents and profits
all of the money due for the repairs made, the owner, mortgagee or lien
creditor of record may apply to the court for the discharge of the Director
upon an agreement to pay all moneys unpaid for the improvements made
thereof and filing a bond satisfactory to the court guaranteeing the pay-
ment thereof.

§ 10. Any mortgagee or other lien creditor of record, who following
the appointment of a Director, shall reimburse the Director for all costs
and charges as hereinabove provided, shall be entitled to an assignment
of a lien for the amount paid the Department for such repairs.

§ 11. The expenses incurred by the Director in removing or abating
a nuisance pursuant to the provisions in this act shall be paid from a
fund provided by the city. Such fund shall consist of such amounts as
may be appropriated by the city council or other governing body. This
fund shall be maintained by the Department and expenditures therefrom
may be made to meet the cost of removing or abating such conditions, sub-
ject to audit by the Auditor of Municipal Accounts. The Director shall repay
the amount so expended to such fund from the proceeds of any amounts
recovered pursuant to the provisions of this section.

§ 12. After notice is served on the owner of property pursuant to
this act, and until legal action has been instituted pursuant to the pro-
visions of § 4 hereof, the property involved shall not be sold or conveyed
or released by the owner, without the written consent of the Director.

§ 13. Appeals from any ruling of the court shall be made direct to
the Supreme Court of Appeals. The filing of an appeal hereunder shall
automatically stay the effect of the order appealed from.