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<br />AUQust 11. 2009 <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />09 - 421 - Adoption of an ordinance to amend Chapter 23 of the Code of the City of <br />Portsmouth, Virginia (2006) by establishing a New Article VI to be entitled <br />"Miscellaneous Nuisances" and adopting a new Section 23-106 pertaining to removal <br />or repair of defaced buildings. Vision Principle: Thriving Neighborhoods and a Sense <br />of Community. <br /> <br />1. Mark Geduldig-Yatrofsky, 2713 Sterling Point Drive, spoke in opposition to this <br />item. <br /> <br />2. Tony Goodwyn, 38 Linden Avenue, spoke in support of this item but asked that this <br />item be deferred to include city and school properties. <br /> <br />Motion by Mr. Heretick, and seconded by Mr. Moody, to defer consideration of <br />Item 09-421 to the September 22, 2009 City Council Meeting, and was adopted by the <br />following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />09 - 422 - Adoption of ordinances pertaining to dangerous and derelict structures and to <br />the taxation of demolished or renovated derelict buildings. Vision Principle: Thriving <br />Neighborhoods and a Sense of Community. <br /> <br />(A) Adoption of an ordinance to amend Chapter 17 of the Code of the City of <br />Portsmouth, Virginia (2006) by amending Section 17-(0) thereof pertaining to <br />dangerous buildings and by adopting a new Section 17-2 pertaining to derelict buildings. <br /> <br />(B) Adoption of an ordinance to amend Article III, Division 5 of Chapter 35 of the <br />Code of the City of Portsmouth, Virginia (2006) by adopting a new Section 35-191 <br />pertaining to the exemption from taxes of demolished or renovated derelict buildings. <br /> <br />Background: <br />. City staff has worked with the Neighborhood Quality Task Force in an effort to <br />have the state legislature pass SB1 094 dealing with derelict structures. We now wish to <br />adopt an ordinance to use the legal tools provided as a vehicle to abate the derelict <br />structures within the city. <br /> <br />Discussion: <br />. For purposes of this ordinance, "derelict building" shall mean a residential or <br />nonresidential building or structure, whether or not construction has been completed, <br />that might endanger the public's health, safety, or welfare and for a continuous period in <br />excess of six months, it has been (i) vacant, (ii) boarded up in accordance with the <br />building code, and (iii) not lawfully connected to electric service from a utility service <br />provider or not lawfully connected to any required water or sewer service from a utility <br />service provider. <br />. The new derelict structures ordinance offers incentives to owners who complete <br />an approved plan to renovate or demolish such structures. The city will, upon request, <br />assess the property in its current derelict condition. Upon completion of the demolition <br />or renovation, fees paid for permits, site plans, or subdivision fees will be refunded up to <br />$5,000. In addition, a re-assessment may occur and the real estate taxes may be <br />abated on an amount equal to the costs of demolition or the fair market value of the <br />renovation. Taxes will be abated for a period of 10 years. This exemption shall be <br />transferable with the property. <br />. The owner is required to submit a plan within 90 days of notification to demolish <br />or renovate the building as prescribed in the Notice of Violation. If the owner of the <br />derelict building has not submitted a plan within 90 days, the locality may exercise such <br />remedies as provided by law. <br />