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Culpeper adopts targeted property-maintenance code sections; council delays hiring an enforcement officer

Town of Culpeper Town Council · July 9, 2024
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Summary

Council adopted selected sections of the Virginia Property Maintenance Code focused on mold, pest infestations and fire safety, but voted to strike a separate recommendation to immediately create a new code-compliance officer position amid concerns about cost and duplication with state landlord-tenant law.

The Town of Culpeper voted to adopt targeted portions of the Virginia Property Maintenance Code aimed at objectively addressing pest infestations, mold remediation and fire-safety requirements, while council declined to immediately establish a new code-compliance officer position after debate over costs and duplication with state law.

Staff told council the proposed adoption focuses on objective standards from Chapters 2, 3 and portions of Chapter 7 (fire safety, means of egress, fire protection systems and carbon monoxide detection) and selective sections addressing mold and exterior property conditions. The revisions were pared down to avoid subjective enforcement provisions and to address issues council members had raised in committee work since August of the prior year.

Council members asked whether the measures duplicate the Virginia Landlord and Tenant Act; staff said the state law informs tenants of remedies but ‘‘does not provide the locality with any ability to aid in the remediation’’ and that local adoption would allow the town to enforce certain standards more promptly, especially given the absence of a local fire marshal.

On implementation costs, council members cited an estimated full-time salary and benefits figure of about $100,000 plus roughly $20,000 for potential legal fees; staff explained the plan would likely redistribute responsibilities across existing code-enforcement/zoning positions and align credentials with multiple code sections. Council voted to adopt the code provisions on second reading. When the council then considered establishing a dedicated code-compliance officer to implement the new code, a councilmember moved to strike that recommendation from the agenda; the motion was seconded and carried on roll call, removing the immediate hiring action from consideration.

Council discussed next steps for enforcement and noted that staff would return with details about resource allocation and any necessary budget items should council later choose to create a new position.