HomeMy Public PortalAbout2013_11_26_R138 Initiating Amendments to the TC re Building Enforcement MOU The Town of
Leesburg,
Virginia
PRESENTED November 26, 2013
RESOLUTION NO. 2013-138 ADOPTED November 26, 2013
A RESOLUTION: TO INITIATE AMENDING CHAPTER 8 (BUILDING AND BUILDING
REGULATION), ARTICLE I (IN GENERAL), SECTION 8-1 (BUILDING
CODE AND OTHER CODES) OF THE TOWN CODE BY ADOPTING
OPTIONAL PROVISIONS OF THE VIRGINIA MAINTENANCE CODE
INCLUDING CHAPTERS 3 AND 4 AND TO AUTHORIZE THE TOWN
MANAGER TO EXECUTE AN AMENDED MEMORANDUM OF
UNDERSTANDING REPLACING THE EXISTING MEMORANDUM OF
UNDERSTANDING BETWEEN LOUDOUN COUNTY AND THE TOWN
FOR ENFORCEMENT OF THE VIRGINIA MAINTENANCE CODE
WITHIN THE TOWN LIMITS
WHEREAS,pursuant to Code of Virginia of 1950, as amended, § 15.2-1300, any two or
more political subdivisions may enter into agreements with one another for joint action; and
WHEREAS,the Town has requested and Loudoun County has agreed to enter into a
revision to the existing Town–County Memorandum of Understanding ("MOU")to coordinate the
enforcement of Section III of the Uniform Statewide Building Code—the Virginia Maintenance
Code (hereinafter"Maintenance Code"); and
WHEREAS, the revision of the MOU will authorize the County to enforce the Maintenance
Code within the Town in the same manner, level of service, and with equal dignity to all county
residents including those residents that live within the Town; and
WHEREAS, the County has adopted the following portions of the Maintenance Code in the
Codified Ordinances of Loudoun County: Unsafe structure provisions; Exterior property and
structure provisions; General (Section 301), Exterior Property Areas (Section 302), Swimming
Pools, Spas and Hot Tubs (Section 303), and Exterior Structure (Section 304) and Occupancy
limitations provisions; and
WHEREAS, the County has agreed to assist the Town with enforcement of those provisions
of the Maintenance Code enacted by the County; and
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A RESOLUTION: TO INITIATE AMENDING CHAPTER 8 (BUILDING AND BUILDING
REGULATION),ARTICLE I (IN GENERAL), SECTION 8-1 (BUILDING
CODE AND OTHER CODES) OF THE TOWN CODE BY ADOPTING
OPTIONAL PROVISIONS OF THE VIRGINIA MAINTENANCE CODE
INCLUDING CHAPTERS 3 AND 4 AND TO AUTHORIZE THE TOWN
MANAGER TO EXECUTE AN AMENDED MEMORANDUM OF
UNDERSTANDING REPLACING THE EXISTING MEMORANDUM OF
UNDERSTANDING BETWEEN LOUDOUN COUNTY AND THE TOWN
FOR ENFORCEMENT OF THE VIRGINIA MAINTENANCE CODE
WITHIN THE TOWN LIMITS
WHEREAS,the County has tendered the attached agreement that sets forth the duties and
responsibilities of each locality with respect to the enforcement of the Maintenance Code; and
WHEREAS, there may be additional amendments required to the Town Code, the Zoning
Ordinance or the DCSM in order to activate the enforcement and that this resolution also serves to
initiate any additional legislative actions that may be required; and
THEREFORE, RESOLVED,by the Council of the Town of Leesburg in Virginia that
amendments to the Town Code shall be initiated to:
1. Adopt optional provisions in the Maintenance Code for the benefit of the
residents of the Town; and
2. Authorize the Town Manager to execute an amended MOU replacing the existing
MOU on behalf of the town to allow enforcement of the Maintenance Code by
the County; and
3. Initiate any Town Code, Zoning Ordinance or DCSM changes that may be
required for the implementation and enforcement of the same.
PASSED this 26th day of November, 2013.
Kris en C. mstattd, Mayor
Town of Leesburg
ATT' T:
Clerk of Coun
P:\Resolutions\2013\1126 Initiating Amendments re Building Code Enforcement MOU.doc