Council directs staff to pursue memorandum with county to enforce property maintenance code

Town staff proposed that Middleburg adopt portions of the Virginia Property Maintenance Code and enter a memorandum of understanding (MOU) with Loudoun County to have county inspectors enforce the town’s adopted maintenance standards.

Town Attorney and staff said the town currently has tools for dangerous or uninhabitable structures but lacks mechanisms to address mid-level maintenance complaints — for example, exterior deterioration, rodent entry points, or decaying trim — that do not rise to the level of an unsafe structure. Staff recommended adopting the county’s adopted portions of the property maintenance code and executing an MOU so the county can perform complaint-based enforcement on the town’s behalf.

Staff reported preliminary discussions with the county indicate they will support a cooperative MOU similar to arrangements with other towns, and noted the county plans to adopt the remainder of the state property maintenance code with an effective date later this year. Council members asked clarifying questions about whether the code would apply to commercial and residential properties (staff said it would apply to all properties within town limits) and why enforcement is ceded to the county (staff said the state requires certified building officials and the county already performs similar enforcement under a certified program).

Council gave direction for staff to move forward with drafting the ordinance adoption and the MOU with the county; staff will return drafts for council approval.