Logie v. Town of Front Royal

58 Va. Cir. 527, 2002 Va. Cir. LEXIS 174
CourtVirginia Circuit Court
DecidedJune 19, 2002
DocketCase No. (Law) 02-17-01; Case No. (Chancery) 02-23
StatusPublished

This text of 58 Va. Cir. 527 (Logie v. Town of Front Royal) is published on Counsel Stack Legal Research, covering Virginia Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Logie v. Town of Front Royal, 58 Va. Cir. 527, 2002 Va. Cir. LEXIS 174 (Va. Super. Ct. 2002).

Opinion

By Judge John E. Wetsel, Jr.

These cases again came before the Court on June 19, 2002, on the Plaintiffs’ motions to declare a town ordinance invalid because it authorized inspections by Town building officials to determine whether residential rental property was being maintained in accordance with the Uniform Statewide Property Maintenance Code. The ordinance also authorizes the town to discontinue electric service to any property found to be in violation of the Uniform Statewide Property Maintenance Code.

[528]*528Having considered the parties’ memoranda of authorities and arguments, the Court has made the following decision to deny the Town’s Plea in Bar and to sustain the Town’s Demurrers except for deciding that the Town may not terminate electric service for failure to comply with the Town’s Properly Maintenance Ordinance.

I. Statement of Material Facts

The following material facts are not in dispute.

Virginia Code § 36-98 authorizes the Board of Community and Housing Development to adopt and promulgate a Uniform Statewide Building Code, whose purpose is to protect the health, safety, and welfare of the residents of the Commonwealth. Pursuant to this authority, the Board promulgated the Uniform Statewide Building Code which applies in the Town of Front Royal.

Part III (§§ 123.0 to 132.0) of the Building Code prescribes building maintenance regulations for the maintenance and repair of existing structures. Section 125.1 of Part III adopts and incorporates by reference the BOCA National Property Maintenance Code/1996 and contains the technical regulations for maintenance of existing structures.

A municipality must take official action in order to enforce the Property Maintenance Code, and the Town of Front Royal duly promulgated an ordinance adopting the Property Maintenance Code by enacting §§ 125-1 through 125-15 of the Front Royal Municipal Code (the “Ordinance”). The Town’s Ordinance applies to dwelling units not occupied by any owner, any commercial and industrial properties where a complaint has been made, and properties where an unsafe condition is discovered by the Code Official (§§ 125-4). The Ordinance provides for an inspection and the issuance of a certificate of compliance with the Property Maintenance Code for applicable dwelling units where there is a change of occupancy after January 2, 2002. Section 125-10(A).

The purpose and intent of the Town Council in adopting the Ordinance is set forth in § 125-8 as follows:

The Town Council finds that certain residential rental housing, when not subject to either regular inspections or inspections upon a change in tenancy to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The Town Council further finds that certain residential housing within the town is in need of a housing inspection program to prevent property deterioration and neighborhood blight and to protect the public health, safety, and welfare by ensuring proper building [529]*529maintenance and compliance with applicable building regulations in rental dwelling.

Further, § 125-1 provides:

The provisions, requirements, and regulations contained in the Property Maintenance Code, as may from time to time hereafter be amended by the State Board of Housing and Community Development, are hereby adopted by the town for the purpose of ensuring public safety, health, and welfare through proper building maintenance and use and continued compliance with minimum standards, including the elimination of conditions that render buildings unsafe, thereby constituting a danger to life and health or to public welfare. This chapter is adopted pursuant to § 36-105 of the Code of Virginia, 1950, as amended.

Virginia Code § 36-106(A)providesthataviolationoftheUSBC shall be a misdemeanor and prescribes a fine of not more than $2,500.00. Pursuant to the state statute, § 125-15 of the Town Ordinance provides that a violation is a misdemeanor and prescribes a fine of not more than $1,000.00.

The state enabling statute has no provision for the termination of electric service in the event that maintenance deficiencies are discovered in a property. Pursuant to Virginia Code § 15.2-2109, the Town of Front Royal provides electricity in the Town. The Ordinance, § 125-11(A), provides that when inspections are triggered under the Ordinance that the unit’s electricity shall not be reconnected without a certificate of compliance, and § 125-10(D)(2) provides for a temporary certificate of compliance, valid for up to 21 days, to permit the unit to be occupied. If, at the end of the 21 day period, the structure is found not to be in compliance, the property shall be vacated and the electric service terminated until the property is in compliance. Ordinance § 125-10(D)(2)(c).

To implement the administration of the Ordinance, the Town has appointed a Code Enforcement Official, and it has arranged to have appeals from its compliance orders heard by the Warren County Board of Building Code Appeals. Town Ordinance § 125-3.

The Plaintiffs seek to have the Town Ordinance declared invalid, claiming that the Ordinance authorizes unconstitutional “warrantless searches; that the Ordinance enforcement provisions exceed the powers conferred upon the Town by the General Assembly; and that the Ordinance violates the enabling provisions of the Code of Virginia because the Code Official is authorized to [530]*530administer and enforce the Ordinance, because the penalties in the Ordinance do not match the penalties in the Code, because appeals are to the Warren County Board of Zoning Appeals, and because electric service may be terminated to a property which is in violation of the Ordinance

In Logie et al. v. Town of Front Royal, Mr. Logie, who is a landlord in Front Royal, asks the Court to declare the Ordinance invalid. While the Plaintiffs in that case do not allege that any of the terms of the Ordinance have been actually applied to them, as a landlord, Mr. Logie owns property which is within the purview of the Town’s Ordinance.

In Cogil Corp. v. Town of Front Royal, the Complainant Cogil is also a landlord in Front Royal, and it also asks the Court to declare the Ordinance invalid, and Counts 2 and 3 of the Cogil Complaint are premised on enforcement action initiated by the Town under the Ordinance as to specific rental property which Cogil owns.

The Town has filed a plea in bar in the Logie case, and demurrers in both the Logie case and to Count 1 of the Cogil Corp. case.

II. Conclusions of Law

1. Declaratory Judgment

The Town has filed a Plea in Bar to Mr. Logie’s Declaratory Judgment Act claiming that there is no justiciable controversy between the Plaintiffs and the Town, because the Plaintiffs do not allege that their property has been subjected to any enforcement action under the Ordinance. Flowever, Mr. Logie is a landlord in the town, and the Ordinance applies to his rental property.

V irginia Code §8.01-184, commonly known as the Declaratory Judgment Act, provides that:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Pollard v. Bailey
87 U.S. 520 (Supreme Court, 1874)
Village of Belle Terre v. Boraas
416 U.S. 1 (Supreme Court, 1974)
Goldman v. Landsidle
552 S.E.2d 67 (Supreme Court of Virginia, 2001)
Hoffman Family, L.L.C. v. Mill Two Associates Partnership
529 S.E.2d 318 (Supreme Court of Virginia, 2000)
Arlington County v. White
528 S.E.2d 706 (Supreme Court of Virginia, 2000)
City of Virginia Beach v. Hay
518 S.E.2d 314 (Supreme Court of Virginia, 1999)
Mosher Steel-Virginia, Inc. v. Teig
327 S.E.2d 87 (Supreme Court of Virginia, 1985)
Working Waterman's Ass'n of Virginia, Inc. v. Seafood Harvesters, Inc.
314 S.E.2d 159 (Supreme Court of Virginia, 1984)
Commonwealth v. County Board of Arlington County
232 S.E.2d 30 (Supreme Court of Virginia, 1977)
Rainey v. City of Norfolk
421 S.E.2d 210 (Court of Appeals of Virginia, 1992)
Liberty Mutual Insurance v. Bishop
177 S.E.2d 519 (Supreme Court of Virginia, 1970)
Alford v. City of Newport News
260 S.E.2d 241 (Supreme Court of Virginia, 1979)
Bristol Redevelopment & Housing Authority v. Denton
93 S.E.2d 288 (Supreme Court of Virginia, 1956)
City Council of City of Emporia v. Newsome
311 S.E.2d 761 (Supreme Court of Virginia, 1984)
Donovan v. Enterprise Foundry, Inc.
581 F. Supp. 1433 (D. Maine, 1984)
Paul v. State
353 S.E.2d 10 (Court of Appeals of Georgia, 1987)
Gorieb v. Fox
134 S.E. 914 (Supreme Court of Virginia, 1926)
Portsmouth Restaurant Ass'n v. Hotel & Restaurant Employees Alliance
33 S.E.2d 218 (Supreme Court of Virginia, 1945)

Cite This Page — Counsel Stack

Bluebook (online)
58 Va. Cir. 527, 2002 Va. Cir. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/logie-v-town-of-front-royal-vacc-2002.