abandoned building/safety hazard any options? (Annandale, Fairfax: short sale, foreclosures, insurance)

[arielmina]

Hi, the house next to ours (in a small town in Western Loudoun) was hit by a tree last summer during the derecho and is inhabitable. It was rented and the owner lives out of state, we do not have a relationship with the owner. It has now been vacant like this for 6 months with no indication of what will happen to it. It clearly needs to be torn down, they did remove the appliances, propane tank etc. There is a large hole they made in the roof, not sure why, not related to where the tree hit it. The side of the house facing our house was crushed by the tree and there is still loose debris all over the side of the house. During strong storms, the debris does fly into our yard. It is also a gathering point for teenagers looking to get into trouble. It is a truly a hazardous situation.

Do I have any recourse, or any right to know what is going on with it? I'm sure that it was insured as I know they have a mortgage on it, so I assumed it was just going to take time for them to come to a settlement and tear it down, but I am really getting concerned that it is just going to be left this way. Help

[mdcrim]

Have you tried contacting the Loudoun Zoning office? May be a good place to start.

[cdmurphy]

Loudoun County Zoning Enforcement Hotline: 703-777-0103

[arielmina]

thanks, I contacted the town and they basically said there was nothing they could or would be able to do. I will contact the county. Thanks

[car54]

There are no "blighted" house ordinances out there?

Fairfax County can sieze such properties and sell them.

[stpickrell]

OTOH, if debris is flying into OP's yard, there may be a case from that angle. I mean, it's like you don't look after your tree and it falls in your neighbour's yard ...

+1 on Justin Case Jr.'s statement about mortgages being owned by who knows who these days. That's actually held up some foreclosures for months, especially in a state where all the i's must be dotted/t's must be crossed, or when a judge is feeling cranky/generous.

While not a legal definition:
Annandale VA: County moves to demolish blighted house on Eighth Street

"Under the state’s spot blight abatement ordinance, a property is considered blighted if it endangers the public’s health, safety, or welfare because the structure or improvement upon the property is dilapidated, deteriorated, or violates minimum health and safety standards.” Additionally, a county ordinance authorizes properties to be subject to a blight abatement program if they have been vacant or boarded up for at least one year, been the subject of complaints, are no longer being maintained for useful occupancy, and are dilapidated and not maintained properly."

It does seem like OP might have some leeway under the state's ordinance given that stuff from the abandoned house is diminishing OP's enjoyment of her property.

A meeting with a real lawyer -- and pick one who's active in development/land use-type things -- seems like it'd be productive.

[cdmurphy]

Originally Posted by JustinCaseJr.

We have abandoned houses in my town in western Loudoun that have set empty for 4+ years. One has a huge hole in the roof, rain pouring in, for almost 5 years. The owner stopped paying, claims the bank owns it. The bank claims they don't own it. Have you looked on the property records for the owner? You could mail the owners and ask them their plans. My guess is that they will say they abandoned the mortgage years ago and don't care.

A big problem is that the banks bundle and sell the mortgages overseas. No one knows who really owns the mortgage, and no one cares.

LC zoning has nothing to do with it.

Loudoun County Zoning Administration: Virginia Maintenance Code

In addition to enforcing provision of the County Zoning Ordinance, the Zoning Enforcement Team also responds to and investigates complaints under Chapter 3 (Exterior Property Areas) and Chapter 4 (Light, Ventilation and Occupancy Limitations) of the Virginia Maintenance Code, Part III of the Uniform Statewide Building Code.

Generally, all residential and commercial structures are subject to the requirements of these chapters of the Maintenance Code and must be maintained and kept in good repair in accordance with the requirements of the code.

[spencgr]

Originally Posted by stpickrell

..

That's actually held up some foreclosures for months, especially in a state where all the i's must be dotted/t's must be crossed,

Gee..I certainly hope that it's ALL states that require I's to be dotted and T's to be crossed.....

[arielmina]

Thanks guys, well it has not been a year... so that we will have to wait out, but it's definitely a hazard. And yes I know about the house in Round Hill but it's ugly but not really close enough to any other houses to do any damage. This other house is right on my property line, and probably no farther than 30 feet from my front door. In the last wind storm, we did have roof tiles and other debris in our yard and the gutter is hanging down and shaking in the wind, am sure it will come off in the next big storm, and that will come right to our yard/house. It's close... also close to another house across the street. So it's not like it's set back and away from others in a big lot. Its in town, on a .25 acre lot (max) in an area of half acre lots.

The owners lived there until abotu two years ago, when they tried to short sale it. Failing that, they have rented it. I've got to think there is insurance money and they'd want to do something with it, other than just abandon it, but I don't know.

Thanks so much for all this info, I will definitely look into it.