(A) The owner of each residential rental dwelling unit located in an inspection district shall obtain and permit an initial inspection and subsequent inspections of such residential rental dwelling unit as provided in this subchapter. Inspections under this subchapter shall be conducted by the county’s Building Official or his or her designee who is charged with the enforcement of this subchapter. If the unit to be inspected is occupied at the time of a required inspection, it shall be the duty of the owner thereof to notify the occupants of such inspection and make the residential rental dwelling unit available for inspection.
(B) If inspection reveals that a residential rental dwelling unit has no disqualifying violations, the Building Official or his or her designee shall issue a 48-month certificate of compliance for such unit. However, if one or more violations of the property maintenance provisions of the Building Code are found that do not constitute a disqualifying violation, the existence of such no-disqualifying violations shall be noted on the 48-month certificate of compliance together with the date by which such non-disqualifying violations must be remedied, which date shall be determined by the Building Official or his or her designee and which date shall be reasonable. The issuance of a certificate of compliance shall not be evidence of a lack of any and all building code violations and shall not prevent the Building Official or his or her designee from conducting follow-up inspections regarding building code violations in the residential rental unit, whether or not the violations affect the safe, decent and sanitary occupancy of the unit. If a follow-up inspection reveals that the owner has failed to remedy the noted violations by specified date, the Building Official or his or her designee shall issue a notice of violation, revoke the 48-month certificate of compliance and the unit shall thereafter be subject to annual inspections pursuant to this subchapter.
(C) If inspection of a residential rental dwelling unit reveals one or more disqualifying violations, the Building Official or his or her designee shall not issue a certificate of compliance until the disqualifying violations are satisfactorily remedied. However, the Building Official or his or her designee may issue a temporary certificate of compliance if in the opinion of the Building Official or his or her designee, such disqualifying violations do not constitute an immediate threat of injury to the occupants of such residential rental dwelling unit. If conditions warrant, however, the Building Official or his or her designee may require that the residential rental dwelling unit be vacated or remain unoccupied until brought into compliance, pursuant to his authority under VA Code §§ 36-98 et seq., as amended, the Virginia Uniform Statewide Building Code. Upon compliance, the Building Official or his or her designee shall, as provided in this subchapter, issue an annual certificate of compliance.
(D) No annual inspection pursuant to this subchapter shall take place more than one time each year, calculated from the date of the first inspection, should additional inspections be necessary to achieve compliance. However, nothing in this subchapter shall modify the authority of the Building Official or his or her designee to conduct any other inspections, as allowed under the provisions of the Virginia Uniform Statewide Building Code, and inspections for obtaining a certificate of compliance under this subchapter do not supplant or preclude any other inspection authorized under the Virginia Uniform Statewide Building Code.
(E) Unless a current certificate or temporary certificate of compliance is in force for a residential rental dwelling unit is in force with the provisions of this subchapter, and such certificate remains in effect, no owner of such unit shall permit any person to occupy such unit as a tenant or otherwise.
(F) A building or structure meeting the definition of residential rental dwelling unit but located outside of an inspection district shall nevertheless be subject to the terms of this subchapter on the following basis: The Board of Supervisors makes a separate finding for the individual residential rental dwelling unit that (i) there is a need to protect the public health, welfare and safety of the occupants of that individual residential rental dwelling unit; (ii) the individual residential rental dwelling unit is either (a) blighted or (b) in the process of deteriorating; or (iii) there is evidence of violations of the Building Code that affect the safe, decent and sanitary living conditions for occupants of such individual residential rental dwelling unit. Upon said finding by the Board of Supervisors, the residential rental dwelling unit shall be subject to this subchapter, notwithstanding its location outside the inspection districts.
(G) Should the owner fail to timely contact the Building Official or his or her designee within the required time in order to schedule any inspection required under this subchapter, or should such owner fail to allow such inspection to proceed on the date for which it was scheduled, the owner shall be in violation of this subchapter and shall be subject to such penalties and enforcement remedies as provided herein.
(Ord. passed 12-8-2009) Penalty, see § 150.99