ARLINGTON COUNTY, VIRGINIA

Transcription

1 ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of June 12, 2004 DATE: May 28, 2004 SUBJECT: DECLARATION OF BLIGHT AND PLAN FOR REPAIR OR OTHER DISPOSITION: R-6 One-Family Dwelling District, 2-story, single-family detached dwelling, built 1941; premises known as 2712 Arlington Boulevard. (RPC # ) C.M. RECOMMENDATION: Adopt the attached resolution to: 1. Declare 2712 Arlington Boulevard to be blighted as defined in Section A of the Arlington County Code; and 2. Find that the owner has failed to cure the blight or present a reasonable plan to do so; and 3. Find that the property is not within an area listed on the National Register of Historic Places and is locally designated as an historic landmark or place; and, 4. Approve the County Manager s Plan to dispose of the unsafe structure by acquiring the property by means of eminent domain as being in accordance with the County s comprehensive plan, zoning ordinance, and other applicable land use regulations and authorize the County Manager to carry out the plan. ISSUES: Should the County acquire the property through eminent domain? SUMMARY: Since July of 1990, Code Enforcement has cited this property for one (1) Zoning Violation for improperly storing unlicensed vehicles on the property; seven (7) Condition of Private Property Violations for overgrown vegetation, and trash and debris openly kept on the property and rodent harborage; and nine (9) Virginia Uniform Statewide Building Code Violations for unsecured vacant building and unsafe structure and other exterior structure violations. In 2003 a preliminary blight determination was made by the County Manager relative to this property. The notice was issued to the owner and posted on the property and a County Manager: County Attorney: Staff: Janette DeJesus, DCPHD, Building Maintenance Official

2 corrective action plan was ordered to be submitted. Neither the owner nor the owner s agent responded to the order within the required 30-day period. There was no response from the owner or any agent on the owner s behalf. Notification has been sent to the owner dated March 9, 2004, that no plan was submitted and that enforcement proceedings remain in progress until the blighted conditions are eliminated. No response from the owner or the owner s agent other than the signed receipt from the U.S. Postal Service that the certified mail had been received since the last notification was issued. Staff recommends that the Planning Commission make the findings required by the ordinance as follows: 1. Declare the property to be blighted as defined in Section A of the Arlington County Code; and 2. Find that the owner has failed to cure the blight or present a reasonable plan to do so; 3. Find that the propety is not within an area listed on the National Register of Historic Places and is locally designated as an historic landmark or place; and, 4. Approve the County Manager s Plan to repair or dispose of the property as being in accordance with the County s comprehensive plan, zoning ordinance, and other applicable land use regulations, and authorize the County Manager to carry out the plan. Staff further recommends that the County Board adopt the attached resolution to affirm the findings of the Planning Commission and approve the County Manager s plan for repair or disposition of the property and authorize the County Manager to proceed to implement such plan. BACKGROUND: On January 1, 2003, the late Board Chairman Charles Monroe challenged staff to identify, and aggressively and creatively address chronic problem properties, specifically abandoned and dilapidated buildings, and properties with overgrown and unkempt yards. Such conditions have a negative impact on neighborhoods, and frequently have been cited as an issue on Walking Town Meetings. The associated conditions of rodent and vermin infestation, dumped trash and accumulations of debris create unacceptable conditions for neighborhoods. In addition to addressing the specific property conditions, staff was directed to evaluate existing legislative tools and devise new legislative proposals as required. On September 13, 2003, the County Board adopted an ordinance: Declaration of Blight, Chapter 29, Article II of the Arlington County Code. The following is a portion of the text of Chapter 29, Declaration of Blight that defines a blighted property: Blighted property defined. To be blighted a property must have a building or improvement that by reason of dilapidation, overcrowding, lack of ventilation, light and sanitary facilities or any combination of these or 2712 Arlington Boulevard - 2 -

3 other factors, is detrimental to the safety, health, morals or welfare of the community. In addition, any property that has been determined by the Arlington County Code Official to meet the definition of unsafe building shall also be blighted. In determining whether a property meets the definition of blighted set forth above, the county may consider any pertinent factors including by way of illustration and not limitation the following: 1. A structure on the property has been continuously vacant for at least one year, has been condemned as unfit for human occupancy by the building official in accordance with the Virginia Uniform Statewide Building Code, but has neither been demolished nor repaired by the owner as directed by the building official: 2. There is evidence of rat or rodent infestation or harborages caused by conditions on the property: 3. The property has been used or maintained in a condition which has resulted in the following actions: 2712 Arlington Boulevard a. The owner has been cited on a least three (3) separate occasions because activities or conditions on the property violate state or county laws or ordinances governing the use or maintenance of property, and those activities or conditions threaten the public health, safety and welfare of the community; or b. The owner has refused to abate one or more violations as ordered by the court or has repeated conduct involving the use or maintenance of property for which the owner has been convicted of violating state laws or county ordinances in the past. 4. The property has inadequate sewage septic, plumbing, well or heating facilities; 5. If the property is vacant, the owner has failed to take adequate precautions to prevent the use of or access to the property by trespassers: 6. A potential attractive nuisance to children exists on the property, including, but not limited to, abandoned wells, basements, excavations or broken fences: 7. Any condition exists on the property that has been specifically identified as a fire hazard by the fire department or the building official: and 8. Substantial dilapidation of buildings or structures as evidenced by either: a. Collapse of either interior or exterior structural elements such as floors, walls, roofs, porches, decks and similar appendages which do not pose a danger to the public: or b. Removal or rotting of exterior siding, roofing or sheathing exposing structural

4 members to the weather. Under Chapter 29, the planning commission is charged with determining whether: 1. The property is blighted; 2. The owner has failed to cure the blight or present a reasonable plan to do so; 3. The plan for the repair or other disposition of the property is in accordance with the county s comprehensive plan, zoning ordinance, and other applicable land use regulations; 4. The property is located within an area listed on the National Register of Historic Places or, pursuant to 31A of the Arlington County Zoning Ordinance, is located in an area designated an historic district or is a designated landmark. In such instances, the planning commission shall consult with the Historical Affairs Landmark Review Board regarding the proposed repair or other disposition of the property; and After a public hearing, the Planning Commission shall report its findings and recommendations concerning the property to the County Board. The County Board, upon receipt of such findings and recommendations may, after an advertised public hearing, affirm, modify, or reject the Planning Commission s findings and recommendations. If the repair or other disposition of the property is approved, the county may carry out the approved plan to repair or acquire and dispose of the property in accordance with the approved plan, the provisions of this Ordinance and applicable law. The county may recover its costs of repair from the owner of record of the property when the repairs were made at such time as the property is sold or disposed of by such owner. If the property is acquired through eminent domain, the cost of repair may be recovered when the county sells or disposes of the property. In either case, the costs of repair shall be recovered from the proceeds of any such sale. DISCUSSION: This property was identified for the original list of chronic problem properties. Since July of 1990, Code Enforcement has cited this property for a total of seventeen (17) violations, including: one (1) Zoning Violation for improperly storing unlicensed vehicles on the property; seven (7) Condition of Private Property Violations for overgrown vegetation, and trash and debris openly kept on the property and rodent harborage; eight (9) Virginia Uniform Statewide Building Code Violations for unsecured vacant building and unsafe structure and other exterior structure violations. After reviewing the record of violations and inspecting the property one more time, staff determined that the property should be designated as blighted. This determination was made consistent with the following standards set forth in Chapter 29: the property had been continuously vacant for more than a year, the owner had been cited on at least three (3) separate occasions because conditions on the property violated local ordinances and the owner had refused to abate one or more violations. In 2003 a preliminary blight determination was made and a notice was issued to the owner and posted on the property and a corrective 2712 Arlington Boulevard - 4 -

5 action plan was ordered to be submitted. Neither the owner nor the owner s agent responded to the order within the required 30-day period. There was no response from the owner or any agents on the owner s behalf. Notification has been sent to the owner dated March 9, 2004, that no plan was submitted and that enforcement proceedings remain in progress until the blighted conditions are eliminated. There has been no response from the owner or the owner s agent other than the signed receipt from the U.S. Postal Service that the certified mail had been received since the last notification was issued. RECOMMENDED PLAN OF ACTION: Staff recommends that the County acquire the property through eminent domain and then resell the property to someone who will return the property to productive use. The structure is a brick and block structure and is structurally sound. In staff s opinion, the structure could be easily renovated and returned to productive use. The condemnation process generally takes 12 months to complete and would follow the standard procedure which includes, but not limited to: Appraise the property Title search Submit offer to owner If the offer is not accepted or there is no response from the owner, then the County Board would authorize staff to initiate the condemnation process with the courts. After the County takes possession of the property, a broker would be hired to sell the property to someone who would return the property to productive use. CONCLUSION: For the past 13 years this property has been vacant, creating an eyesore and a source of public nuisance to the community. The property is currently boarded up and marked with graffiti, vehicles are parked on the property, it is sometimes used as a place to store equipment, and debris tends to accumulate on the property. This property has been the subject of various code violations over the years. Staff recommends that the Planning Commission and the County Board make the findings required by the ordinance as follows: 1. Declare the property to be blighted as defined in Section A of the Arlington County Code and find that the owner has failed to cure the blight or present a reasonable plan to do so; 2. Approve the recommended plan of action as being in accordance with the County s comprehensive plan, zoning ordinance, and other applicable land use regulations; 3. Find that the property is not within an area listed on the National Register of Historic Places and is not locally designated as an historic landmark or place; and, 4. Approve the County Manager s Plan to repair or dispose of the property and authorize the County Manager to carry out the plan. To accomplish these actions, the County Board should adopt the attached resolution Arlington Boulevard - 5 -

6 DECLARATION OF BLIGHT AND PLAN FOR REPAIR OR OTHER DISPOSITION WHEREAS, on this 12 th day of June 2004, the County Board of Arlington County ( County Board ) has before it the following findings of the Arlington County Planning Commission: (1) The property known as 2712 Arlington Boulevard ( Property ) was declared to be blighted; (2) The owner of said Property has failed to cure the blight or present a reasonable plan to do so; (3) The County Manager s plan for the repair or other disposition of the Property is in accordance with the county s comprehensive plan, zoning ordinance, and other applicable land use regulations; (4) The Property is not located within an area listed on the National Register of Historic Places or, pursuant to 31 A of the Arlington County Zoning Ordinance and is not located in an area designated an historic district or is not a designated landmark.; and WHEREAS, the Planning Commission held a public hearing before arriving at the above described findings; and WHEREAS, the County Manager has recommended that the County Board affirm the findings of the Planning Commission; and WHEREAS, the County Board has taken testimony in duly convened public hearing on the Planning Commission s findings; and WHEREAS, the County Board finds, based on the staff report, the public testimony, the report of the Planning Commission, and all other information before it, that the Planning Commission s decision should be affirmed. THEREFORE, be it resolved that the County Board affirms the determination of the Planning Commission and further resolves as follows: (1) the Property is blighted as defined in Section A of the Arlington County Code; (2) the owner has failed to cure the blight or to present a reasonable plan to do so; (3) Approve the recommended plan of action is in accordance with the County s comprehensive plan, zoning ordinance, and other applicable land use regulations; (4) the property is not within an area listed on the National Register of Historic Places and is not locally designated as an historic landmark or place; and (5) the County Manager s Plan to repair or dispose of the property is hereby approved and authorize the County Manager is hereby authorize to carry out the plan Arlington Boulevard - 6 -