Bill Text: VA HB232 | 2010 | Regular Session | Prefiled
Bill Title: Rental property; civil penalty imposed on certain property owners.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2010-02-16 - House: Left in Counties, Cities and Towns [HB232 Detail]
Download: Virginia-2010-HB232-Prefiled.html
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10100145D Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 15.2-900.1 as follows: § 15.2-900.1. Landlord enforcement of tenant violations. A. A locality may adopt an ordinance to enforce the provisions of this section against the owner of property who allows continuing violations of state or local laws identified in subsection C. Violations shall be deemed to be continuing if there have been three or more violations identified in subsection C by one or more tenants committed on the owner's property within the previous 12-month period. Any ordinance adopted pursuant to this section may only apply to rental properties that contain four or fewer rental units. B. Prior to filing a civil summons in a general district court to enforce the provisions of this section, the local government shall provide the owner notice in writing of the continuing violations in person, or by regular, first class mail, sent to the address of the owner of record in the office of the locality's assessor or commissioner of the revenue. The locality shall send the required notice within 60 days after the last continuing violation and at least 30 days prior to filing the civil summons as provided in this section. C. The enforcement authority pursuant to this section shall only be for violations that include: any violation of §18.2-387, 18.2-388 or 18.2-415 or a violation of a local noise ordinance upon which legal action has been initiated by an official of the locality. D. To initiate enforcement proceedings pursuant to this section, a locality may issue a civil summons as provided by law. The respondent property owner may make an appearance in person or in writing by mail to the department of finance or the treasurer of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such person shall be informed of his right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. The locality may petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against the owner for documents pertaining to the violations. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it. E. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in a general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the locality to show the liability of the respondent property owner by a preponderance of the evidence. The locality may not proceed against a respondent property owner in court for violation of the ordinance during the time that the property owner is diligently pursuing a legal action in unlawful detainer to evict one or more of the tenants from the rental property for the conduct that is the subject matter of the enforcement action by the locality pursuant to this section. However, in any event, the 12-month period provided in subsection A shall not include the period of time for which the locality's action was held in abeyance pending the outcome of any respondent property owner's separate legal action against one or more tenants. F. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the respondent property owner to abate or remedy the violation within a period of time determined by the court, but not more than six months after the date of admission of liability or finding of liability. G. The penalty for violations shall be a civil penalty of not more than $500. The penalty for a second violation within a 12-month period shall be $750 and for a third or subsequent violation shall be $1,000. A series of specified violations arising from the same operative set of facts shall not result in civil penalties exceeding $2,500, and the total civil penalties in a 12-month period shall not exceed $5,000. |
