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Residential Rental Property Inspection Program History

 

In 1991 City Council directed Community Development to develop a residential rental property inspection program.

 

• Council adopted an ordinance in 1993 creating the program and seven inspection districts with an effective date of January 1, 1994.

• On March 8, 2005, Council updated the ordinance based on changes made during the 2004 Virginia Legislative Session. One of the changes allowed the City to adopt a $50 inspection fee.

• Council revised the ordinance in 2008 to allow the City to revoke property compliance if issued a bad check and allow code officials to seek an inspection warrant if access is denied to the unit.

• In 2013, Council combined the seven rental inspection districts into six districts based on 2010 Census data; the size of the inspection area remained the same.

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What Our Plans Say

• The City’s Comprehensive Plan 2013-2030 highlights residents’ concerns about poorly managed rental housing and the Residential Rental Property Inspection Program as a tool to protect neighborhood integrity. • The City’s 2010-2015 Consolidated Plan is a plan required by the federal government that defines a strategy for our community development and housing needs. Our plan identifies the rental inspection program as a means to provide decent housing for low-to-moderate income neighborhoods by reducing the number of rental property code violations.

• The Analysis of Impediments to Fair Housing finds the City’s supply of decent and affordable housing remains inadequate and recommends continuation of the Rental Inspection Program to improve and preserve the existing affordable housing stock.

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Residential Rental Property Inspection Program primary objective is safe housing

• Many of the rentals involve conversion of older and blighted homes that are repaired enough to meet basic codes and move tenants in.

• The program is proactive and provides a means to identify issues that may go unnoticed by tenants and landlords.

• Addressing violations at their onset prevent more substantial neighborhood issues, infestations and blight. • Various reasons, including landlord retaliation, may prevent tenants from complaining. • Staff serve as resources to landlord and tenant.

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Lynchburg City Code Article III Section 11-161-Section 11-173 and Code of Virginia § 36-105.1:1

City Council finds that residential dwelling units, when not the subject of regular inspections to ensure compliance with applicable occupancy, building maintenance and property maintenance regulations, may become unsafe, a public nuisance and unfit for human habitation. Residential rental dwelling units are subject to overcrowding, structural deterioration and an overall neglected appearance. These conditions can lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real estate. This article is adopted to protect the public health, safety and welfare in residential rental dwelling units located within those areas of the city determined by City Council herein to be in need of a special program of inspections of residential rental dwelling units. This program is designed and intended to prevent property deterioration and neighborhood blight in designated rental inspection districts and to promote safe, decent and sanitary residential rental dwelling units for citizens by requiring property building maintenance and continued compliance with applicable building regulations.

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Rental Program Purpose and Intent

Residential dwelling and building standards provide protection for citizens and neighborhoods by ensuring sub-standard living conditions are reduced. In 1993 the City of Lynchburg first adopted the minimum building maintenance and residential rental dwelling standards for properties within the city limits in order to produce thriving, attractive, safe neighborhoods and enhance citizen’s quality of life. The City’s Residential Rental Inspection Program began its enforcement process in 2005 based on the designated rental inspection districts (see district map). Rentals are added to the rental inspection program upon discovery, new ownership or based on City Assessor data.

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Lynchburg City Code Article III Section 11-170 Violations

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(a) It shall be unlawful for any owner or managing agent to fail to comply with the requirements contained in this article and to fail to comply with the provisions of the uniform statewide building code.

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(b) Unless otherwise provided herein, the penalties imposed for a violation of this article shall be punished by a fine of not more than two thousand five hundred dollars ($2.500). Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2.500). Any person convicted of a third or subsequent offense involving the same property committed within ten (10) years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten (10) days and a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), either or both. No portion of the fine imposed for such third or subsequent offense committed within ten (10) years of an offense under this chapter shall be suspended. All fines imposed for violations of the provisions of this article shall be payable to the city.

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(c) If any violation remains uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation and to bring the property into compliance with the uniform statewide building code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.

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Rental Inspection Program City Council Presentation 
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Criminal charges for building violations 11-170 Violations
LTV Video Rental Inspection Program City Council Presentation 

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