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2009 Ordinances
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<br />ORDlfWC[ ..~~0~M::80 ~, <br /> <br />AN ORDINANCE TO AMEND CHAPTER 17 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTION 17-1(d) <br />THEREOF PERTAINING TO DANGEROUS BUILDINGS AND BY ADOPTING <br />A NEW SECTION 17-2 PERTAINING TO DERELICT BUILDINGS. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth: <br /> <br />1. That Chapter 17-1(d) of the Code of the City of Portsmouth be amended to <br />read as follows: <br /> <br />Sec. 17-1. Dangerous Buildings. <br /> <br />(d) If any owner, agent for the owner, or person in control of such building or <br />structure refuses, fails or neglects to complete improvements or demolish or remove the <br />building, structure or portion thereof in compliance with the notice provided for in <br />subsection (b) of this section, such failure shall constitute a misdemeanor punishable by a <br />fine of not more than $2,500.00. Additionally, if the violation remains uncorrected at the <br />time of the conviction, the court shall order the violator to abate or remedy the violation <br />in order to comply with the Code. Unless otherwise provided by the court for good cause <br />shown, any such violator shall abate or remedy the violation within six months of the date <br />of conviction. <br /> <br />2. That Chapter 17 of the Code of the City of Portsmouth be amended by <br />adopting a new Section 17-2 to read as follows: <br /> <br />Sec. 17-2. Authority to require removal, repair, etc., of buildings that are declared <br />to be derelict. <br /> <br />(a) Any owner of property located in the City of Portsmouth shall at such time <br />or times as the City may prescribe submit a plan to demolish or renovate any building <br />that has been declared a "derelict building." For purposes of this section, "derelict <br />building" shall mean a residential or nonresidential building or structure, whether or not <br />construction has been completed, that might endanger the public's health, safety, or <br />welfare and for a continuous period in excess of six months, it has been (i) vacant, (ii) <br />boarded up in accordance with the building code, and (iii) not lawfully connected to <br />electric service from a utility service provider or not lawfully connected to any required <br />water or sewer service from a utility service provider. <br /> <br />(b) If a building qualifies as a derelict building pursuant to this ordinance, the <br />City shall notify the owner of the derelict building that the owners is required to submit to <br />the City a plan, within 90 days, to demolish or renovate the building to address the items <br />that endanger the public's health, safety, or welfare as listed in the written notification <br />provided by the City. Such plan shall be on a form provided by the City and shall include <br />a proposed time within which the plan will be commenced and completed. The plan may <br />include one or more adjacent properties of the owner, whether or not all of such <br />properties may have been declared derelict buildings. The plan shall be subject to <br />
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