University of Virginia Library

Article I. In General.

Sec. 15.1-1. Definitions.

For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:

Basement. A story having part but not more than one-half of
its height below grade. A basement is counted as a story for the
purpose of height regulations if subdivided and used for business
or dwelling purposes by others than a janitor employed on the
premises.

Cellar. A story having more than one-half its height below
grade.

Dwelling. Any building which is wholly or partly used or

intended to be used for living or sleeping by human occupants.

Dwelling unit. Any room or group of rooms forming a single
habitable unit with facilities which are used or intended to be used
for living, sleeping, cooking and eating.

Enforcing officer. The city housing inspector, who shall be
employed in the public works department, subject to the
supervision and control of the superintendent of inspections.

Extermination. The control and elimination of insects, rodents
or other pests by eliminating their harborage places, by removing
or making inaccessable materials that may serve as their food, by
poisoning, spraying, fumigating, trapping or by any other
recognized and legal pest elimination methods approved by the
enforcing officer.

Garbage. The animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.

Grade. With reference to a building, such term shall mean,
when the curb level has been established, the mean elevation of
the curb level opposite those walls that are located on, or parallel
with and within fifteen feet of street lines; or, when the curb level
has not been established, or all the walls of the building are more
than fifteen feet from street lines, "grade" means the average of
the finished ground level at the center of all walls of a building.

Habitable room. A room occupied or designed to be occupied by
one or more persons for living, eating or sleeping, but not
including toilets, laundries, serving and storage space, corridors,
cellars, halls and spaces not used frequently or during extended
periods.

Infestation. The presence of household pests, vermin or rodents
on the premises.

Multiple dwelling. A building or portion thereof designed for
occupancy by three or more families.

Occupant. Any person, over one year of age, living, sleeping,
cooking or eating in or having actual possession of a dwelling unit
or rooming unit.

Operator. Any person who has charge, care or control of a
building or part thereof in which dwelling units or rooming units
are let.

Ordinary minimum winter conditions. The temperature twenty
degrees Fahrenheit above the lowest recorded temperature for the
previous fifteen year period.

Owner. Any person who, alone or jointly, or severally with
others:

(a) Shall have legal title to any dwelling or dwelling unit; or

(b) Shall have charge, care or control of any dwelling or
dwelling unit, as owner or agent of the owner, or guardian of the
estate of the owner.

Plumbing. All gas pipes or burning equipment, waste pipes,
water pipes, water closets, sinks, lavatories, bathtubs,
catchbasins, drains, vents or other fixtures, together with their
connections to the water, sewer or gas lines.

Premises. Any land, together with any buildings or structures
occupying it.

Rooming house. Any dwelling or that part of any dwelling
containing one or more rooming units, in which space is let by the
owner or operator to three or more persons, who are not husband
or wife, son or daughter, mother or father, or sister or brother of
the owner or operator.

Rooming unit. Any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking. (10-5-64; 3-3-69; 7-2-73.)

Sec. 15.1-2. Inspection of premises.

The enforcing officer is hereby authorized and directed to
make inspections to determine the condition of dwellings,
dwelling units, rooming houses and premises located within
the city. For this purpose, the enforcing officer or his representative
duly designated is authorized to execute such powers
as may be necessary and convenient to carry out the purposes
and provisions of this chapter, including but not limited
to the following powers:

(a) To investigate dwelling conditions of the city.

(b) To enter upon premises for the purpose of making inspections;
provided, that such entries shall be made in such
manner as to cause a minimum of inconvenience to persons
in possession.

The city manager is hereby authorized to make and adopt such
written rules and regulations as may be necessary for the proper
enforcement of this chapter; provided, that such rules and
regulations shall be subject to the approval of the city council,
which approval shall be given only after council has followed the
same procedure it uses for adoption of general ordinances. Such
rules and regulations of enforcement shall not be in conflict with
the provisions of this chapter and shall become effective on the
date following final approval by city council. The penalty for
violation thereof shall be the same as the penalty for violation of
any provision of this Code. (10-5-64; 3-3-69; 7-2-73.)

Sec. 15.1-3. Repealed by Ordinance adopted August 19, 1974.

Sec. 15.1-3.1. Notice of violation.

Whenever the enforcing officer determines that there has been
a violation of any provision of this chapter, he shall give written
notice of each violation to the person or persons responsible
therefor and order compliance with this chapter, as hereinafter
provided. Such notice and order shall:

(a) Include a list of alleged violations, together with a copy of
the sections of this chapter violated and remedial action, which, if
taken, will effect compliance with the provisions of this chapter.

(b) Be served upon the owner or occupant, as the case may
require, at their last known address by certified mail, return
receipt requested. Should delivery of such notification be refused,
or if the whereabouts of such person is unknown and cannot be
ascertained by the enforcing officer in the exercise of reasonable
diligence, the enforcing officer will make affidavit to such effect
and cause such notice to be published in a newspaper published in
this city once a week for two consecutive weeks.

(c) Order the notified person or his designated representative
to correct the violation at once or appear in a hearing before the
enforcing officer at a specified time not less than ten nor more than
fourteen days after the date said notice of violation is received or
after publication of such notice; provided, that after the owner
has received notice of violation, if the property becomes vacant, it
shall remain vacant until the acts required by the notice have
been performed; and further provided, that no occupant shall be

ejected by an owner or operator from the premises which are the
subject of any such notice, except for non-payment of rent, until
the acts required by the order are performed. A violation of this
section shall be a misdemeanor punishable as provided in section
1-5 of this Code.

(d) Upon conclusion of such hearing, the enforcing officer may
declare such order to be in full force or effect or may modify the
same upon a finding that any or all of the alleged violations do not
exist or have been corrected or may establish, by agreement with
the violator or otherwise, an extended time for compliance with
the provisions of such order; provided, however, that in any case
in which the enforcing officer extends the time for compliance
with such order by more than twenty-one days, he shall estimate
the cost of repairs and improvements necessary to effect
compliance with the order and shall require the violator to
provide bond with a surety adequate to guarantee the completion
by the time established in such order of such repairs or
improvements. The city attorney is authorized to accept instead
of corporate surety, a letter of credit, joint savings account,
escrow agreement, or where the value of such improvements and
repairs does not exceed five hundred dollars, a certified check or
other pledge or deposit of collateral which the City Attorney may
consider satisfactory to insure compliance. (8-19-74, § 2.)

Sec. 15.1-3.2. Appeal of order of enforcing officer.

(a) Any person aggrieved by the decision of the enforcing
officer which has been rendered in accord with the above
provisions shall have the right of appeal to the housing board of
adjustments and appeals.

(b) Notice of appeal shall be in writing and filed with the
enforcing officer within ten days after entry of a final order of the
enforcing officer pursuant to section 15.1-3.1.

(c) Any appeal which is filed with the housing board of
adjustments and appeals must be heard by that board within ten
days of its receipt.

(d) A decision must be rendered within twenty-one days after
hearing the appeal. (8-19-74, § 2.)

Sec. 15.1-3.3. Variations and modifications.

(a) The housing board of adjustments and appeals, when so
appealed to and after a hearing within ten days of the appeal,
may vary the application of any provision of this chapter to any
particular case, when in its opinion, the enforcement thereof
would do manifest injustice and be contrary to the spirit and
purpose of this chapter or public interest, or when, in its opinion
the interpretation of the enforcing officer should be modified or
reversed.

(b) A decision of the housing board of adjustments and appeals
to vary the application of any provision of this chapter or to
modify an order of the enforcing officer shall specify in what
manner such variation or modification is made, the conditions
upon which it is made and the reasons therefor.

(c) In any case in which the housing board of adjustments and
appeals modifies or varies the order of the enforcing officer by
extending the time for compliance therewith, the board shall
estimate the cost of repairs or improvements and require the
violator to furnish a bond as in like manner as provided in section
15.1-3.1 (d).

(d) Every decision of the housing board of adjustments and
appeals shall be final; subject, however, to such remedy as any
aggrieved party might have at law or in equity. Every such
decision shall be in writing and shall indicate the vote upon
the decision. Every decision shall be promptly filed in the
office of the enforcing officer and shall be open to public
inspection. A certified copy shall be sent by mail or otherwise to
the appellant and a copy shall be kept posted in the office of the
enforcing officer for two weeks after filing. (8-19-74, § 2.)

Sec. 15.1-4. Repealed by Ordinance adopted August 19, 1974.

Sec. 15.1-5. Emergency action.

Whenever the enforcing officer finds that an emergency exists
which requires immediate action to protect the health and safety
of the occupants of a particular building or of the public, he may
issue an order reciting the existence of an emergency and

requiring immediate action to be taken as deemed necessary to
meet the emergency. Regardless of other provisions of this
chapter, such order shall take effect immediately and any person
to whom such order is directed shall comply therewith
immediately; however, upon petition such person shall be
afforded a hearing before the housing board of adjustments and
appeals within twenty-four hours. After such hearing, depending
upon its findings as to whether the provisions of this chapter have
been complied with, the housing board of adjustments and
appeals shall continue, modify or revoke such order. (10-5-64.)

Sec. 15.1-6. Administrative liability of health department and
city employees.

No officer, agent or employee of the joint health department or
of the city shall be personally liable for any damage that may
accrue to persons or property as a result of any action required or
permitted in the discharge of his duties under this chapter.
(10-5-64.)

Sec. 15.1-7. Conflicting ordinances.

Whenever the regulations contained in this chapter impose
higher requirements than regulations contained in other
provisions of this Code or other city ordinances, the regulations of
this chapter shall prevail. (10-5-64.)

Sec. 15.1-7.1. Failure to comply with order of enforcing
officer.

Failure to comply with the final order of the enforcing officer
or of the housing board of adjustments and appeals after all
rights of appeal have been exhausted or waived shall constitute a
misdemeanor punishable as provided in section 1-5 of this Code.
The penalties provided thereunder shall be in addition to and not
in lieu of, any forfeiture of performance bond posted to guarantee
compliance with such order. (8-19-74, § 2.)

Sec. 15.1-7.2. Transfer of ownership or occupancy of
noncomplying dwelling units.

It shall be unlawful for the owner of any dwelling unit who has

received a violation order in accordance with the provisions of this
article to sell, lease or otherwise transfer title or possession of
such dwelling unit to another until the provisions of the violation
order have been complied with, or until such owner shall first
have furnished to the grantee, lessee, or transferee, a true copy of
any such violation order as issued by the enforcing officer or as
modified by the housing board, and have furnished to the
enforcing officer a signed and notarized statement from the
grantee, lessee, or transferee acknowledging the receipt of such
violation order. Failure to comply with this section shall be
deemed a misdemeanor and shall be punishable as provided in
section 1-5 of this Code. (8-19-74, § 2.)