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Home My WebLink About2019-03Ordinance 2019-03 An Ordinance Amending Chapter 38, "Environment", of the Pulaski Town Code in Regards to Blighted Properties. WHEREAS, the Town Council of the Town of Pulaski, Virginia has studied amendments to the Environment Ordinances in regards to blighted properties of the Town of Pulaski; and, WHEREAS, notice of the intention of the Town Council to pass said ordinance in regards to blighted property elimination was published February 24, 2019 in The Southwest Times, a newspaper published in and having general circulation in the Town of Pulaski; and, WHEREAS, a public hearing of Council was held March 5, 2019; and WHEREAS, Council deems proper to do so, NOW THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 5t" day of March 2019, that Chapter 38 "Environment", sections 38-71, 38-73 of the Pulaski Town Code be amended as follows: Sec. 38-71. — Authority for and purpose of article. a) This article is enacted pursuant to the Charter of the town and the Code of Virginia, including but not limited to Section 2.01 of the Charter and Code of Virginia, tit. 15.2, and general law, and in order to promote the general welfare of the town and the safety, health, peace, good order, comfort, convenience and morals of its inhabitants. b) This article is intended to set forth and consolidate the Code provisions dealing with the responsibility of citizens to keep property within the town free of trash, refuse, debris, weeds and inoperative vehicles; and to remove or repair unsafe buildings; and to otherwise abate any public nuisance. c) The Building Official Property Maintenance Official or the Fire Marshall shall make a preliminary determination that a property is a blighted property. (Ord. No. 96-23, § 1(7-1), 6-28-1996) Sec. 38-73 — Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning, in addition to meanings known by common usage: Blighted property means any individual commercial industrial or residential structure or improvement that endangers the public's health safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards. Building means and includes any combination of materials having walls or a roof to form a permanent structure intended for the use or occupancy by persons or property. Garbage means the kitchen and food refuse of residences, hotels, restaurants or other places where food is prepared for human consumption and all offal, fish, meat and vegetable markets, and all vegetable or organic substances unfit for food which are subject to immediate decay. Inoperable motor vehicle means any motor vehicle which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are displayed neither valid license plates nor a valid inspection decal. Motor vehicle, trailer and semitrailer have meanings assigned by Code of Virginia, § 46.2-100. Nuisance is used comprehensively to include any act or omission or condition that injuriously affects the safety, health or morals of the public, or works some such substantial disturbance, inconvenience or injury to the public generally. Owner of property and owner include the owner of fee title; and/or any person, group of persons, company, association or corporation in whose names tax bills on the property are submitted. It shall also mean any person who alone or jointly and severally with others shall have legal title to any building or building unit with or without accompanying actual possession; shall have charge, care and control of any building or building unit as owner, executor, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, assignee of rents, or other person or corporation in control of a building; or their duly authorized agent. Any such person, group of persons, company, association or corporation shall have joint and several responsibility for compliance with the provisions of this article. Person responsible for real property means and includes the owner or occupant of such property, and any person in possession or having charge of such property, as executor, administrator, trustee, guardian or agent, and the beneficiary of any easement or right of use of such property. PSA means the Pulaski County Public Service Authority. Shielded or screened from view means kept within a fully enclosed building or structure; or hidden from sight from outside the premises by plantings or fences. Trash means and includes any substance other than garbage which may accumulate in the ordinary conduct of a household or business, including but not limited to automotive parts, appliances, scrap lumber or metal, bulk waste, leaves, weeds, grass, cold ashes and tree limbs from the lot, but not such as may result from land clearing activities or building construction or repair or manufacturing process. Waste means and includes any garbage, refuse, sludge or other discarded material, resulting from industrial, commercial, residential, mining or agricultural operations, or community activities. Yard waste shall include accumulations of lawn, grass or shrubbery cuttings or clippings, dry leaf rakings and tree branches, free of dirt, rocks or other non- putrescible material. Weed means and includes any economically useless plant, a plant that tends to choke out more desirable plants, or a plant of wild or rank growth, specifically including, without limitation, the plant commonly known as kudzu. (Ord. No. 96-23, § 1(7-5), (7-20), 6-28-1996) Cross reference— Definitions generally, § 1-2. State Law reference— Definitions under Noxious Weed Law, Code of Virginia, § 3.1- 296.12. THEREFORE, be it FURTHER ORDAINED by the Council of the Town of Pulaski, Virginia that Chapter 38 "Environment" of the Pulaski Town Code be amended to add the following: Division 7: Revitalization Incentives Sec. 38-183. Local Incentives. The Town of Pulaski seeks through the establishment of revitalization incentives, to maintain and improve property values by providing incentives for the upkeep, rehabilitation and restoration of blighted structures in a safe and healthful manner. Local revitalization incentives are as follows: a) Building permit fee waiver. Waiver of building permit fees up to $500.00. Note: Building_ permits must still be obtained, when applicable. b) Tax Abatement for Certain Rehabilitated Renovated or Replaced Commercial and Industrial Structures. A tax exemption on the increase in assessed property value resulting from rehabilitation of residential buildings. This will allow residents an expense relief period between paying for a rehabilitation and the increased taxes associated with this endeavor. Limitations on applicability are as follows: 1. Rehabilitation costs must be at least $10,000.00; 2. The abatement is for a five-year period; and 3. Commercial historic district guidelines, if applicable, must be followed. c) Tax Abatement for Certain Rehabilitated Renovated, or Replaced Residential Structures. A tax exemption on the increase in assessed property value resulting from rehabilitation of residential buildings. This will allow residents an expense A relief period between pavina for a rehabilitation and the increased taxes associated with this endeavor. Limitations on applicability are as follows: 1. Rehabilitation costs must be at least $5,000.00; and 2. The abatement is for a five-year period. d) Rehabilitation grant program. Property owners of blighted buildings or buildings in danger of becoming blighted may apply for a grant to assist with rehabilitation of their buildings. This will allow propertv owners an economical means to improve their buildings. Limitations on applicability are as follows: 1. Grant amounts will not exceed 55,000.00: 2. Rehabilitation plans must be approved in advance by the town; and 3. Funds are limited to available funding. This ordinance is effective upon adoption and is hereby adopted this 5th day of March 2019 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn -Aye Joseph K. Goodman -Aye Brooks R. Dawson -Aye G. Tyler Clontz -Aye Gregory C. East -Aye James A. Radcliffe -Aye ATTEST: David N. Quesenberry Clerk of Council THE TOWN OF PULASKI, VI IA 9 B David L. Cla ZZ" Mayor