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City condemning vacant houses with lead contamination
07/07/2009 7:26 AM by John M
An RTD report on the perils of lead paint in older homes drops that the city has been testing vacant houses in the city for lead contamination:
“The city will give us the addresses of vacant properties, and we are starting to go out and test these vacant properties now,” said Michael Welch of the Richmond City Health District. “If they have lead-based paint issues, then we are going to condemn the property so that they’re fixed before people can move into them.”
A general question about condemnation in the city of Richmond:
In most cities, when a property is condemned, the owner has a set amount of time (30 days, 90 days, 6 months, etc.) to fix the discrepancy. If the owner fails to do so, the city SEIZES the property and typically auctions it to someone who will. (i.e. This is a tool that local governments can use to ensure that properties within their jurisdiction are maintained property and also can be used as leverage against homes sitting vacant and blighted).
But in Richmond, that ain’t so, right? My understanding is that when Richmond condemns a property, it simply means that no-one can live there… but there is no requirement to actually fix the problem. So a house can sit vacant, blighted, condemned for YEARS in Richmond, with no further action taken or required. Yes?
I noticed a condemnation posting at 807 N 24th Street last week related to lead paint. Thank you for connecting the dots!
Bullwinkle #1, generally yes. In Richmond, they only auction off properties for delinquent taxes, not condemnation. Virginia is a “property rights” state, and if they started seizing condemned buildings, there would most likely be an uproar about how that is a “taking.” I can’t remember ever hearing about a condemnation leading to a property seizure here; if it’s happened please say so.
The city does give owners a set amount of time to fix stuff (I don’t remember how long) and then they fine the owner. In some cases, when it’s a matter of something that could affect the safety of the public, the city will actually do some work (I’ve seen them take off a porch that was rotten to keep anyone from entering an already dangerous building and put a lien on the property for that work, it happened at 11 1/2 N. 29th), and in some cases, the city will also demolish a property and charge the owner. Demolition happened to a house on the corner of 21st and Marshall on the west side of 21st, years ago, where it’s now got a new building that Russell Jones built on what became a vacant lot there.
I think the best case in point of the problems with all this is that guy, Oliver Lawrence who is due back in court on July 16 (see “Assignment Desk” here on this blog, upper left corner). He’s obviously been told to fix things up and apparently just ignores it, including fines.
As to condemnation for lead paint – well, yea, it gets the properties fixed if the owners are interested in ever again collecting rent. Otherwise, I guess the properties will just sit there. Hopefully the idea of rent in the future combined with fines will get some fixed.
Thanks for the info, but it sounds like the city’s response is pathetically inadequate. Don’t they realize the cost in terms of lost revenue from depressed home prices/ taxes, blight, etc.? This place sure can be goofy.
Bullwinkle… I have been trying to figure condemnation out myself. I have a condemned building attached to my house. The house that is attached to mine is causing moisture problems on a wall that I share with them(made of brick too). This moisture is built up due to standing water, debris, trash and god knows what else that continues to sit and rot in the yard daily. There are open windows, birds building nests etc… all over this property(I could go on for hours). Overall, it affects the whole block,which is sad. However, I wonder how many people complain to the city… Maybe if more people took a stand as a whole then the city would have to do something.
There is also another house across the street which is about to fall over.It looks like it is sitting on toothpicks. This house is a major cause for concern because it could fall at any moment.
The house beside it is for sale. I am almost positive that the current owner has had difficultly in selling the home because of the property next door.I feel very bad for this person.
I have complained to the city numerous times about both properties and I seem to be getting nowhere. The people I talk to you claim that the requests and problems have been solved. At the end of the day, I think to myself that I bought in an old neighborhood therefore these things happen. I’ll keep trying to get somewhere.I am not going to give up.
It is sad that the city lets this kind of blight and vacancy exist. Welcome to Richmond…. pathetically inadequate at times!!
@Union Hill Neighbor, it sounds like you’re describing a block on 21st street, but I can’t be sure. Why don’t you shoot me an email and let’s find a way to highlight the problem with CAPS and the city attorney’s office. The civic association has gotten some good results by coordinating complaints and requests for city services. matthewconrad@gmail.com
As a follow-up to Matt’s post, the next CAPS meeting is tomorrow night…a good place to start.
State law seriously limits what a city can do in requiring fixes or in leading to condemnation. But Matt is right; workj with the asssociation and CAPS and see what options are available.
Thanks for all the advice… I’m attending the CAPS meeting tonight and Matt I will be in touch. Thanks!!
The city WILL auction a property for non-payment of taxes, and usually with a development agreement attached (1 year to file a building permit).
The city will also accept petitions from interested parties to move forward with auction procedings. This is useful because often times the owner of a vacant blighted building hasn’t paid taxes in years.