Spot Blight Abatement Program Prince William County

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1 Spot Blight Abatement Program Prince William County February 26, 2011 Barbara C. McMillen Paula K. Johnson Spot Blight Team

2 WHAT DOES THE SPOT BLIGHT TEAM DO? Blighted Structures Unsafe/Unfit Structures/Hoarding Situations Locate Hard-to to-find Property Owners Elevator Inspection Certifications

3 SPOT BLIGHT ABATEMENT Prince William County Board of County Supervisors adopted the County s s first Spot Blight Program Administrative Guidelines on June 1, 1999 and last revised it in October Powers of the locality to address blighted properties derive from the Virginia Code. County may demolish repair acquire, repair or demolish, and resell blighted properties

4 SPOT BLIGHT ABATEMENT Spot Blight Spot Blight for Individual Properties VA Code :1 Property Maintenance USBC, Part III ( Virginia Maintenance Code) Individual Self-Help Measures Removal of Trash PWC Chapter 22 Cutting of Weeds PWC Chapters 29 Removal of Graffiti PWC Unsafe Structures Unsafe Structures (PWC Chapter 5, Article IV) Unsafe Structures under USBC, Part III, Section 105

5 UNSAFE/UNFIT STRUCTURES The Spot Blight Team also assists the rest of property code enforcement in declaring structures unsafe or unfit for human occupancy cupancy under the Virginia Maintenance Code or the Prince William County Code. Examples include: Structures that are open and unsecured Structures that are in danger of partial or complete collapse Structures lacking adequate plumbing, electric or other facilities Hoarding situations (excessive accumulation of household items, animals or waste)

6 UNSAFE/UNFIT STRUCTURES Property Maintenance USBC, Part III ( Virginia Maintenance Code) Unsafe Structures Unsafe Structures (PWC Chapter 5, Article IV) Unsafe Structures under USBC, Part III, Section 105

7 SPOT BLIGHT Woodbridge Magisterial District--BEFORE Structure located in commercial district

8 SPOT BLIGHT Woodbridge Magisterial District--BEFORE 17 separate cases over 12 years for spot blight, zoning, illegal signs, unsafe structure, vegetation, graffiti and property maintenance.

9 SPOT BLIGHT Woodbridge Magisterial District--AFTER Although it took 12 years to abate this blight, the average spot blight case takes about two years from start to finish. Structure has been completely renovated

10 SPOT BLIGHT Coles Magisterial District--BEFORE Residential structure vacant for over 10 years

11 SPOT BLIGHT Coles Magisterial District--BEFORE Neighborhood Services took action to have structure and open well secured and abate zoning and vegetation violations.

12 SPOT BLIGHT Coles Magisterial District-- --BEFORE Owner was a hoarder and structure was full of household items, trash and debris. Leak in roof and presence of animals led to unsanitary conditions. Health department removed over 40 cats from the property.

13 SPOT BLIGHT Coles Magisterial District--AFTER Although the County demolished this structure, the vast majority of blighted structures end up being demolished by the owner. Structure was demolished by County after BOCS action

14 SPOT BLIGHT Woodbridge Magisterial District--BEFORE Structure was left vacant after owner died. Heirs lived out of state and were not interested in maintaining property. Could not get personal jurisdiction over heirs for property maintenance violations, which at the time were criminal.

15 SPOT BLIGHT Woodbridge Magisterial District--BEFORE Previous owner had been a hoarder and structure was full of household items, trash and debris. Spot Blight team issued multiple notices and worked with heirs to try to keep property maintained. Heirs listed property for sale and it eventually sold. New owner completely renovated interior and exterior.

16 SPOT BLIGHT Woodbridge Magisterial District--AFTER Although this structure was purchased and repaired by the new owner, for most blighted properties, repair is too costly and therefore not feasible. Structure renovated by owner

17 Enforcement of the Spot Blight Program When a blighted property is identified for action under the Spot Blight Abatement Program, the team sends the owner a preliminary spot blight letter notifying them of conditions found on the property and asking the owner to submit an abatement plan. The owner has 30 days to respond with an abatement plan.

18 Enforcement of the Spot Blight Program If a violation of the Virginia Maintenance Code is found, such as in hoarding cases, or if there are violations of Prince William County s s graffiti, vegetation or refuse ordinances, the Spot Blight Abatement Team issues notices to the owner to correct those violations.

19 Enforcement of the Spot Blight Program If owner does not comply, the Spot Blight Team can issue a maintenance code violation. Most violations of the maintenance code are criminal, punishable by a fine of up to $2,500 per violation (but no jail time) for first offenses, increasing to as much as a $5,000 fine and 10 days in jail for a third or subsequent offense committed within 10 years of first offense.

20 Enforcement of the Spot Blight Program Some violations of the maintenance code are civil, punishable by a fine of $100 for a first offense or $350 for second or subsequent offenses, up to a total of $4,000 per code section violated.

21 Enforcement of the Spot Blight Program If after court action the owner still refuses to abate the violation, the Spot Blight Team can proceed further for injunctions, contempt of court, spot blight and public nuisance, etc.

22 Enforcement of the Spot Blight Program As an aid to enforcement, the Spot Blight Team can also obtain a search warrant for entry to the interior for an inspection. A search warrant is sometimes the only way to gain entry to a structure where hoarding conditions are suspected.

23 Enforcement of the Spot Blight Program If the structure is unsafe or unfit for human occupancy, the Spot Blight Team issues the appropriate notices and posts a placard on the premises to remove the occupants. In hoarding situations, this may be the only way to insure that residents don t return to an unsafe/unfit structure.

24 Enforcement of the Spot Blight Program Finally, if a structure continues to endanger health, safety and welfare of public, it may be presented to Board of County Supervisors for adoption of an ordinance declaring it a public nuisance for purposes of repair or demolition.

25 Declaring Structures Unsafe or Unfit for Human Occupancy

26 UNFIT FOR HUMAN OCCUPANCY Neabsco Magisterial District PCE received a call late one afternoon for a senior apartment complex in Woodbridge.

27 UNFIT FOR HUMAN OCCUPANCY Neabsco Magisterial District Improper repairs had been made to water supply lines, resulting in leaks that may have accumulated water within walls of the apartment complex for some time before they became visible to residents.

28 UNFIT FOR HUMAN OCCUPANCY Neabsco Magisterial District Water damage required repairs to fire-rated walls, which required a permit. This also necessitated moving residents until repairs were complete. Humidity levels in apartment complex were extremely high, causing growth of mold. Numerous commercial dryers ran for several days to dry out interior.

29 UNFIT FOR HUMAN OCCUPANCY Neabsco Magisterial District Water leak, high humidity and presence of mold caused dangerous conditions for residents. Some residents were relocated to other parts of the building, but there was not enough room for all displaced residents. Residents were elderly with medical issues, including limited mobility, and many were receiving Section 8 housing. Neighborhood Services was unable to find transportation and accommodations for all residents.

30 HOARDING Occoquan Magisterial District PCE investigated a serious case of hoarding in a townhouse occupied by an elderly couple.

31 HOARDING Occoquan Magisterial District Neighborhood Services worked together with Fire & Rescue, Police Department and Litter Crew to remove enough trash and debris from interior to reach occupants.

32 HOARDING Occoquan Magisterial District Trash and debris and household items were piled to the ceiling in every room, causing excessive load on structural members and obstructing egress.

33 HOARDING Occoquan Magisterial District Many portions of the structure had not been used in years, including the kitchen and all bathrooms.

34 HOARDING Occoquan Magisterial District Occupants were unable to use any plumbing facilities, and could only access one light fixture at top of stairway, which had been modified to provide electrical outlets as well.

35 HOARDING Occoquan Magisterial District Occupants spent both waking and sleeping hours sitting in a chair at the top of the stairway, without enough room even to lie down.

36 HOARDING Occoquan Magisterial District Electric, gas and water utility were disconnected for safety reasons. Occupants were displaced for over 6 months while a company was hired to remove contents to reduce load on structural members and assess level of damage. Owners vehicles were also filled with trash and debris and household items. Permits were required for repair to electric wiring caused by rats, for damage to walls and ceiling caused by water leak in bathroom, and for stress on structural members caused by excessive load.

37 HOARDING Gainesville Magisterial District This hoarding case was referred to Neighborhood Services by PD after they responded to a 911 hang-up call. The entry to the townhouse was blocked by the accumulation of household items and trash, as the required plumbing facilities were inoperable.

38 HOARDING Gainesville Magisterial District Approximately 50 to 60 firearms and a substantial amount of ammunition were found inside the dwelling unit. The owner even slept with numerous firearms in his bed.

39 HOARDING Hoarding, know as disposaphobia, is the excessive collection and retention of things or animals until they interfere with day-to-day functions such as home, health, family, work and social life. Hoarding is a multi-faceted problem that has psychological, physical welfare, and public safety implications. As the County faces an overall population growth and an aging residency, there is a marked increase in the hoarding phenomenon.

40 HOARDING While large amounts of combustible material create a fire hazard, in many cases the material also blocks or seriously obstructs exit egress paths. This not only limits an occupant s means of escape during an emergency, it also limits the ability of public safety personnel to get inside the home. Coles Magisterial District Fire Situation, Elderly woman and firefighter injured Homes with severe hoarding conditions suffer far more extensive damage during a fire emergency because the amount of combustible material inside obstructs doorways and windows and causes a significant time delay in firefighting.

41 HOARDING In many hoarding cases, the heating equipment no longer functions due to blocked heating vents and/or equipment. Occupants will then use kerosene or space-type heaters. These heaters create an immediate fire hazard because they are usually placed amid the stacks of newspapers and other combustible material that have been accumulating. Occoquan Magisterial District Elderly couple unable to use kitchen Hoarding can also affect a kitchen. An accumulation of grease, food items, and trash greatly increases the potential for a fire and encourages rodent and insect infestation.

42 HOARDING Occoquan Magisterial District Owner had exceeded permissible live load of floor system Hoarding cases almost always involve structural overload conditions. An accumulation of newspapers, boxes, magazines, etc., can lead to severe overstressing of structural members such as joists and beams. A room with stacked newspapers can cause floor systems to sag, crack, or even collapse.

43 HOARDING Animal hoarding poses a serious health hazard to a home s occupants and to the animals that may have been collected; i.e., cats, dogs, rabbits, etc. In one animal hoarding case in the Neabsco district (PHOTO UNAVAILABLE) 70 dogs and an unknown number of cats were found living in a single townhouse. An overpopulation of animals in a small environment, such as a single-family dwelling, leads to starvation, disease, accumulation of feces, and the decomposition of the remains of deceased animals.

44 DEALING WITH DISPLACED RESIDENTS Neighborhood Services enforcement actions for blighted properties, unsafe structures and structures unfit for human occupancy deals only with problems with the structure itself. Occoquan Magisterial District--BEFORE Neighborhood Services must reach out to other local or state agencies to provide assistance for displaced residents, including, transportation, emergency supplies, temporary meals and lodging, temporary financial assistance, and temporary medical care.

45 DEALING WITH DISPLACED RESIDENTS Most blight properties are already vacant by the time we take enforcement action, but many unsafe or unfit structures are occupied, making it necessary to remove the residents. This structure was occupied by an elderly couple. It took them six months to abate the hoarding conditions and make the necessary repairs to allow them return to their home. Occoquan Magisterial District--AFTER

46 LOCATING PEOPLE Often the first step to taking enforcement action is to find the proper person to serve. The Spot Blight team is trained to locate people, such as missing property owners, family members or others who may be able to provide necessary services to property owners and tenants.

47 HELPING PEOPLE We always remember that people are involved. Displacing residents from their homes is a drastic step and we always look for ways to help those who have been displaced.

48 THE END