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Home My Public Portal About2010_06_08_O014 Excessive Occupancy MOUThe Town o f ~L~~S~~]C~9 ~~~~~~~~ ORDINANCE NO AN ORDINANCE: 2010-0-014 PRESENTED: June 8, 2010 ADOPTED: June 8, 2010 AMENDING CHAPTER 8 (BUILDINGS AND BUILDING REGULATION), ARTICLE I (IN GENERAL), SECTION 8-1 (BUILDING CODE AND OTHER CODES) OF THE TOWN CODE TO APPROVE AND INCORPORATE A MEMORANDUM OF UNDERSTANDING WITH LOUDOUN COUNTY FOR ENFORCMENT (QF THE VIRGINIA MAINTENANCE CODE The Town Co~pncil of Leesburg, Virginia, ordains: SECTION I. ,The Leesburg Town Council approves the attached Memorandum of Understanding regardi#~g joint action between the Town and the County to investigate and enforce overcrowding in the Town of Leesburg, and authorizes the Mayor to execute the agreement on behalf of the Town. SECTION II. ' Section 8-1 of Article I of Chapter 8 is hereby amended as follows: Sec. 8-1. Building code and other :codes. The county shill enforce the state building code and other state-mandated and elective codes in ''°-- the town as prbvided by law to the same extent as it enforces such standards in other towns in the county. Such s,~tandards include, but are not limited to, state-mandated and elective occupancy standards. A ly/Iemorandum of Understanding shall be entered into by the Town of Leesburg and SECTION II. ', Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid,',the decision shall not affect the validity of the ordinance as a whole or any remaining provisions df the agreement. SECTION IIL' This ordinance shall be in effect on June 8, 2010. PASSED this ~ day of June, 2010. i 1 ' n C. U stattd, Mayor Town of Leesburg ~ Clerk of Co c P:\Ordinances\2010\0608 Excessive Occupancy MOU.docx MEMORANDUM OF UNDERSTANDING FOR ENFORCEMENT OF THE VIRGINIA MAINTENANCE CODE BETWEEN LOUDOUN COUNTY, VIRGINIA AND THE TOWN OF LEESBURG, VIRGINIA THIS MEMORANDUM OF UNDERSTANDING effective July 1, 2010, by and between Loudoun County (hereinafter the "County"), a.nd 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 Town's Zoning Ordinance; and WHEREAS, the Leesburg Town Council has also determined that the overcrowding of residential dwelling units ("Overcrowding") in the Town of Leesburg is occurring and that this condition threatens the public safety, health and welfare of the Town; WHEREAS, the Leesburg Town Council has amended the Leesburg Zoning Ordinance to provide additional remedies and enforcement mechanisms to terminate incidents of illegal Overcrowding; and WHEREAS, the Leesburg Town Council has determined that the timely and efficient enforcement of proposed amendments to the Town's Zoning Ordinance and Town Code will be enhanced if the Maintenance Building Official from the County of Loudoun assists with Overcrowding 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 has elected to adopt and enforce Chapter 4 of the Virginia Maintenance Code entitled "Light, Ventilation and Occupancy Limitations" which defines Overcrowding and sets forth the minimum square footage required for residential occupancy; and WHEREAS, the County employs staff trained to enforce the Virginia Maintenance Code and currently enforces the Virginia Maintenance Code within the County; and WHEREAS, the Town does not have a Building Department, has adopted the Virginia Maintenance Code but does not employ trained staff to enforce the Virginia Maintenance Code; and WHEREAS, the Virginia Maintenance Code provides an additional enforcement tool in which to abate Overcrowding violations within the Town; and WHEREAS, the Town requests the assistance of trained County staff in order to assist in the enforcement of Overcrowding 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 36-105, as amended, and shall be in force and effect only after both the Town and County have approved this agreement by ordinance or resolution; 2. The County will assist the Town with Overcrowding enforcement pursuant to the Uniform Statewide Building Code ("USBC"); 3. The Town will refer investigations regarding Overcrowding violations under the USBC to the County; 4. The Town will, in each instance, request assistance from the County only after reasonable efforts have been made by the Town to abate the Overcrowding violation; 5. The County will maintain no more than fifty (50) active Town of Leesburg Overcrowding cases. 6. If the violation has not been abated, the Virginia Maintenance 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. 7. Upon the written request of the Virginia Maintenance Code Official, The Town will determine whether to prosecute said Overcrowding violations and be responsible for the legal prosecution of the Overcrowding violations; 8. The County will provide appropriate County staff to attend court appearances, if requested by the Town; 9. The County may impose civil fines for violations of the USBC relative to Overcrowding; 10. The Town may impose civil fines for violations of the Town's Zoning Ordinance; 11. The County will be responsible for the collection of any civil fines imposed pursuant to the USBC relative to Overcrowding; 12. The Town will be responsible for the collection of any civil fines imposed pursuant to the Town's Zoning Ordinance; 13. This Memorandum of Understanding may be amended at any time by mutual consent of the parties, in writing; 14. 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; 15. 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 or resolution, as applicable, 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 BY: ~, c .York, Chairman Board of Supervisors of Loudoun County Dated: ~`(,~~JC ~3 ~ ~(} ~ ~ Approved as to Form: ~. ss tant County Attorney TOWN OF LEESBURG, VIRGINIA B ~ ` ~ ~~ Y r . Um tattd, Mayor Town of Leesburg Dated: Approved as to Form: ~l -r ~iwn Attorney