Board pauses on building-code enforcement changes, asks counsel for legal guidance on exemptions
After lengthy discussion about enforcement, religious exemptions and liability, the Charlotte County Board of Supervisors declined to set a public hearing on a proposed building-code enforcement ordinance and asked county counsel to report back with legal analysis and possible exemptions before scheduling hearings.
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Staff presented options for amending building-code enforcement to address properties lacking certificates of occupancy and other code violations. Board members raised concerns that some enforcement proposals could disproportionately affect particular communities (the Amish were discussed repeatedly as an example) and that Virginia's Dillon Rule and potential freedom-of-religion claims could expose the county to lawsuits. Supervisors requested legal research on whether the county can craft targeted enforcement provisions, whether exemptions or waivers exist, and what liability local government might face if, for instance, a dwelling lacking smoke-detector wiring caused a fatality.
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