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HomeMy Public PortalAbout033 Enforcement of Uniform Building Code MOUCOUNCIL MEETING December 11, 2012 MOTION 2012 -033 I move to send a letter on behalf of the Council, signed by the Mayor, requesting that the Board of Supervisors approve the draft Memorandum of Understanding to allow the County to enforce the Uniform Building Code within the limits of the Town of Leesburg. 1 E'a e Town of f irginia Kristen C. Umstattd Mayor Kevin D. Wright Vice Mayor Council Members David S. Butler Thomas S. Dunn, II Katie Sheldon Hammler Kelly Burk Fernando "Marty" Martinez 25 West Market Street, Leesburg, VA 20175 • (703) 771- 2733/(703) 771 -2727 fax • council@leesburgva.gov • www.leesburgva.gov December 12, 2012 The Honorable Scott York and Members of the Board of Supervisors County of Loudoun 1 Harrison Street, S.E. P.O. BOX 7000 Leesburg, VA 20177 Dear Chairman York and Members of the Board of Supervisors: On behalf of the Town Council, I want to request that the County enforce the Virginia Uniform Statewide Building Code, including the maintenance provisions of the code within the Town limits. Council believes that the uniform enforcement of the code will provide an important public health, safety, and welfare service to all of the residents of the County. Please find a draft of a memorandum of understanding with outlines the framework for the enforcement by the County of the Uniform Statewide Building Code. Very sincerely yours, Kristen C. Umstattd Mayor cc: Leesburg Town Council Hometown of the 21 SC Century MEMORANDUM OF UNDERSTANDING FOR ENFORCEMENT OF THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE BETWEEN LOUDOUN COUNTY, VIRGINIA AND THE TOWN OF LEESBURG, VIRGINIA THIS MEMORANDUM OF UNDERSTANDING effective ' by and between Loudoun County (hereinafter the "County "), and the Town of Leesburg, Virginia, (hereinafter the "Town "). WHEREAS, the Leesburg Town Council has determined that the public safety, health and welfare of the citizens of the Town of Leesburg relies upon the efficient and timely enforcement of the Virginia Uniform Statewide Building Code ( "USBC); and WHEREAS, the Leesburg Town Council has also determined that the Chapter 2 and 3 of Part III of the Virginia Uniform Statewide Building Code ( "Virginia Maintenance Code ") as well as provisions of the Virginia Construction Code are not being enforced in the Town of Leesburg as the Town does not have a building and maintenance code enforcement department and that conditions exist which could threaten the public safety, health and welfare of the Town; WHEREAS, the County, in Section 1410.01(b) of the Codified Ordinances of Loudoun County has adopted the New Construction Code in its entirety and Chapters 2, 3 and 4 of the Virginia Maintenance Code; WHEREAS, the Leesburg Town Council has allowed the fees that are collected for the enforcement of the USBC to be collected and administered by the County; WHEREAS, the Leesburg Town Council has determined that the timely and efficient enforcement of the Virginia Construction Code and Virginia Maintenance Code for the benefit of all county residents including those who live within the Town will be enhanced if Zoning Officials from the County of Loudoun assist with Virginia Construction Code and Virginia Maintenance Code violation complaints; WHEREAS, the Leesburg Town Council has amended the Town Code of Leesburg, Virginia to allow the County to enforce state - mandated and elective codes within the Town limits; and WHEREAS, the County employs staff trained to enforce the Virginia Construction Code and Virginia Maintenance Code; and WHEREAS, the Town does not have a Building Department and does not employ trained staff to enforce the USBC; and WHEREAS, the Town requests the assistance of trained County staff in order to assist in the enforcement of USBC, both Virginia Construction Code and Virginia Maintenance Code violations occurring within the Town, and the County has agreed to enforce the same as more specifically set forth below. NOW THEREFORE, the County and Town agree as follows: 1. This Memorandum of Understanding is entered into pursuant to Virginia Code of 1950 Section 15.2 -1300, as amended, entitled "Joint Powers of Political Subdivisions" and shall be in force and effect only after both the Town and County shall have approved this agreement by ordinance; 2. The County will enforce violations pursuant to the Virginia Construction Code and Virginia Maintenance Code, Chapters 2, 3 and 4 within the Town; 3. The Town will refer complaints regarding the Virginia Construction Code and Virginia Maintenance Code, Chapters 2,3 and 4 violations that occur within the Town to the County 4. If the violation has not been abated, the County Code Official shall submit a written request to the legal counsel of the Town to institute the appropriate legal proceedings to restrain, correct or abate the violation. 5. Upon the written request of the County Code Official, The Town will determine whether to prosecute said violations and be responsible for the legal prosecution of the violations; 6. The County will provide appropriate County staff to attend court appearances, if requested by the Town; 7. The County may impose civil fines for violations of the USBC; 8. The Town may impose civil fines for violations of the Town's Zoning Ordinance; 9. The County will be responsible for the collection of any civil fines imposed pursuant to the USBC relative to the violations; 10. The Town will be responsible for the collection of any civil fines imposed pursuant to the Town's Zoning Ordinance; 11. This Memorandum of Understanding may be amended at any time by mutual consent of the parties, in writing; 12. This Memorandum of Understanding shall become effective upon adoption of the enabling ordinances by the respective jurisdictions, the endorsement of the parties, and shall remain in effect unless terminated by mutual assent of the parties; 13. The elected officials whose signatures appear below have been authorized by their respective political subdivisions to enter into this Memorandum of Understanding by the enactment of an ordinance in each locality. IN WITNESS WHEREOF, the parties herein have caused this document to be executed as of the date of the last signature shown below. LOUDOUN COUNTY, VIRGINIA Scott K. York, Chairman Board of Supervisors of Loudoun County Dated: TOWN OF LEESBURG, VIRGINIA By: Kristen C. Umstattd, Mayor Town of Leesburg Approved as to Form: County Attorney Dated: Approved as to Form: Town Attorney