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The City of Emporia has adopted the BOCA National Property Maintenance Code as referenced by the Uniform Statewide Building Code. The Property Maintenance Code and specifically Chapter 34 of the USBC address the requirements and minimum standards for existing buildings and structures. The enforcement of these codes is consistent with the Department’s Mission Statement, to protect the public’s health, safety and welfare.

Once the Department of Inspections becomes aware of a violation or a potential violation, an inspection is performed and the violation(s), if found, are documented. From this documentation a Notice of Violation is generated and served on the responsible party.

The Notice of Violation outlines the specific violation(s), the pertinent code sections and the required remedial action that needs to take place to remedy or abate the violations. Additionally the Notice will define a Time Allowance with which the responsible party has to make the outlined remedial action, as well as, inform the responsible party that they may appeal the findings of the Notice.

The main reason for enforcing the Property Maintenance Code, of course, is to maintain a minimum level of safety and health in existing buildings. However, enforcing these PM standards does much more. The aesthetic appearance and value of property is also maintained, which contributes to attracting new enterprise, and in turn, to the economic growth of the City as a whole.

A common issue that the Department of Inspections encounters, are the disputes between landlords and tenants. Most often tenants complain that their landlord will not repair broken items, and landlords complain that their tenants damaged the item in the first place. The tenant withholds rent and the landowner then refuses to respond. In these cases, the Department has an obligation to investigate the "situation" and act accordingly per the Property Maintenance Code.

In almost all of these disputes, there is no lease agreement. While Virginia law recognizes "verbal" agreements, a written lease is a mutually beneficial document that spells out the terms by which the property will be rented.

For more information on landlord / tenant disputes and the law, visit the Virginia Fair Housing website.