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Arlington clarifies process to abate unfinished buildings, allows nuisance citations and abatement
Summary
Planning and Development Services described an ordinance change that treats long-stalled permitted projects as nuisances after permits expire and 6 months elapse, enabling citations and abatement without a dangerous-structure court process.
Jin C. Thoppel, director of Planning and Development Services, told the Arlington City Council on May 13 that staff added an unfinished-structures provision to the city's nuisance chapter so stalled construction projects can be treated as blight and abated without a separate dangerous-or-substandard-structure court action.
Thoppel said the new process labels a structure “unfinished” when a building permit has expired and another six months pass with no inspections or activity. Under the change, code enforcement may pursue nuisance citations (fines up to $2,000 per citation) or abatement; Thoppel said citations can be issued daily under current code, so multiple citations can accrue.
Staff explained permit reinstatement is possible in some cases, but not when code cycles have changed. Thoppel used the International Building Code cycle as an example: if the original permit was under the 2018 code and the city is operating under the 2021 cycle, the permit cannot simply be reinstated; the owner must submit for a new permit that complies with the current code. Thoppel also described the existing single automatic permit-extension allowance (180 days) and said any further extensions are at the building official’s discretion.
Council members pressed for specifics about ongoing stalled projects. Council member Hunter asked about a hotel project at Arbrook and Collins; Thoppel said the developer had until July to decide whether to demolish the unfinished work or file for a new permit and that staff had given that timeline.
Council member Odom Wesley asked whether the city could have used this tool sooner for properties that have been idle for years; Thoppel said yes, if the ordinance had been in place earlier staff could have started abatement sooner. Thoppel also detailed that abatement and demolition are options and that some projects are tied to development agreements with milestone triggers that can create different enforcement rules.
The presentation was informational; no formal vote on further action appears in the meeting transcript.
