OH BOY, with a dose of caution thrown in seemed to be the Front Royal Town Council’s collective reaction to the coming realization of long-sought municipal authority to force action on buildings deemed “blighted” or “derelict” within its boundaries.
The Town of Front Royal will join a few other towns given the power shared by counties and cities throughout the commonwealth on July 1, at the start of the new fiscal year. As explained by Town Attorney Doug Napier at a June 4 work session, the authority will come by way of amendments to the Town Charter approved by the Virginia General Assembly and signed off on by the governor in the past legislative session.
As summarized by staff in the agenda packet, in addition to its existing legal authority as of July 1, “The council shall … have power to make such ordinances, orders, bylaws and regulations as they may deem proper and necessary to carry out the following … powers and authority to remedy, remove, repair, and secure any blighted or derelict building or structure which are granted to any other city, town or county in the Commonwealth.”
“Now don’t name buildings, we don’t want to be pointing fingers – use letters (as code for specific structures),” Mayor Hollis Tharpe warned council as the discussion began.
The legal staff summary points out that, “While this does not give the Town carte blanche to do what it wants, because of constitutional limitations on dealing with private property, it does give the Town more latitude…”
That latitude includes:
- Adoption of “a vacant derelict building registration program, on pain of civil fine for failure to comply”. It is noted the Towns of Clifton Forge and Pulaski already have such ordinances;
- With the assistance of Warren County, within which the town lies, “cause the sale of blighted or derelict buildings, then use the City of Richmond’s statutory authority to purchase the blighted property for the nominal sum of $1.00 (one dollar), and turn around and sell the property to a (buyer) who must in turn bring the property in compliance with the Building Code within two years”;
- “Require removal or repair of buildings that are derelict, and if the owner does not do so, the locality may affect the removal and repair, and recover the costs from the owner”;
- “Cause the abatement or removal of buildings and structures that constitute public nuisances”.
Other options enabled include adoption of a Real Estate Tax Abatement Program offering blighted structure owners tax abatements over 15 years that equal either the cost of demolition or the increase in the fair market value of the property from improvements; and creation of a Redevelopment and Housing Authority with “the power to engage in spot abatement and redevelopment programs to clean up, repair and even purchase derelict and blighted buildings, and to redevelop areas of the Town that are felt necessary for redevelopment.”
Of that last option legal staff noted that federal and state funds may be available to help in creating such authorities.
And the Town may continue enforcement of its tall grass, weed and refuse ordinance; as well as reconsider the recently derailed adoption of a property maintenance code and rental inspection district “when the Town’s finances are on a firmer basis”.
Following review of the new powers the council will posses as of July 1, 2018, Councilman Jacob Meza asked if they applied only to vacant buildings. – “Vacant or structurally unsafe,” Town Attorney Napier replied.
Asked who would determine if a building was structurally unsafe, Napier replied either a building inspector – which the county, but currently not the town has – or the town engineer, which is an existing position.
Mayor Hollis Tharpe asked if there would be any council objection to having select town staff (Napier and Planning Director Jeremy Camp were named) meet with the appropriate Winchester staff that deals with that city’s blighted and derelict structure codes.
“I’m in favor of that,” Councilman Meza said, observing that he thought Winchester did a good job with its program, including blending its police department into the enforcement aspect.
Vice-Mayor Eugene Tewalt has been a leading proponent of the town achieving such authority; however, he suggested care in getting the program off the ground. He pointed out that the town does not currently have its own inspectors, as cities like Winchester generally do.
“I think we should do this fairly simple – I don’t want to create a monster,” Tewalt said.
“That’s why we’ll meet with Winchester – see what works, what doesn’t,” Napier replied.
William Sealock pointed to Warren County’s Building Inspection Department, asking if the town couldn’t at least initially utilize it to help launch the derelict and blighted structure program.
However, Mayor Tharpe countered, “Nope, it’s our party and we don’t want to intrude on them.”
“Well, we should crawl first before we run,” Sealock said of getting the program off the ground.
Council aligns with Planning Commission: No exemption from off-street parking
FRONT ROYAL – A motion to amend Front Royal Town Code 175-127.3 to exempt museums and art galleries from off-street parking requirements failed Monday evening (Jan. 14, 2019) at its second and final reading, as the Front Royal Town Council voted down the measure 4-2.
Councilman Jacob Meza and recently-elected LeTasha Thompson voted in favor of the code change to allow the exemption, while Councilmen Sealock, Tewalt, Gillispie and Holloway voted against the measure. Prior to the vote Sealock addressed his concerns about a lack of parking data and also reminded the panel that they had originally agreed to affirm the Planning Comission’s decision.
Virginia Beer Museum owner David Downes had previously submitted a request to receive an off-street parking exemption to expand the entity’s beer garden. The parking spots he hoped to eliminate are behind 14 and 16 Chester Street, where Downes’ law office and the museum are located.
He previously told Royal Examiner that his request was an attempt to be treated the same as the businesses on Main, Jackson and Chester streets, which are exempt from off-street parking requirements.
Last September, the Planning Commission unanimously recommended that Downe’s request be denied in favor of a town-wide parking study after a public hearing in which 14 citizens spoke in favor of the exemption, with three speaking against it.
In other business, the Town Council’s Monday:
- Appointed William C. Gordon to the Planning Commission, term expiring August 30, 2020.
- Appointed Eugene Tewalt and Jacob Meza to the Audit & Finance Committee, term expiring Dec. 31, 2019.
- Appointed William Sealock as Vice-Mayor. He will serve for two years, until the end of his term.
Town Summit – Part 6, Town Director of Finance B.J. Wilson gives us an ‘Financial Overview’.
In this 6th and final presentation of the Town Council Summit, Town Director of Finance B.J. Wilson gives us an ‘Financial Overview’.
Town Council Summit – Part 5, Town Attorney Doug Napier addresses the EDA
In late 1967, Town Council and the Warren County Board of Supervisors, by reciprocal ordinances, jointly formed the “Industrial Development Authority of the Town of Front Royal and the County of Warren, Virginia”, pursuant to State statutes. This local Industrial Development Authority (“IDA”) currently is known as the Economic Development Authority, or “EDA”. This session, Town Attorney discusses the EDA and its relationship with the County and the Town.
Town Council Summit – Part 4, Town Attorney Doug Napier addresses ‘Roberts Rules of Order’
In this fourth presentation of the Town Council Summit, Town Attorney Doug Napier addresses ‘Roberts Rules of Order’:
Town Council Summit – Part 3, Town Attorney Doug Napier addresses ‘Conflict of Interest’
In this third presentation of the Town Council Summit, Town Attorney Doug Napier addresses issues with Conflicts of Interest:
BOS Reports from County Administrator; County Attorney; WCPS; VDOT
At the Board of Supervisors meeting on January 8, 2019, the monthly reports from the County Administrator Doug Stanley, County Attorney Dan Whitten gave their reports:
Also Warren County Public Schools – Greg Drescher
And report from Ed Carter, VDOT