The Warrenton Town Council is preparing to hold a public hearing next month to discuss a proposed amendment to the town’s building code.
The amendment focuses on enhancing the town’s enforcement options for property maintenance, introducing stricter civil and criminal penalties for violations. Voluntary compliance remains the primary goal, but town officials are seeking additional tools to address difficult cases.
The need for an updated building code was brought before officials during the council’s August work session, though Warrenton’s Department of Community Development has been attempting to address difficult property maintenance cases long before that.
Hunter Digges, the town building official, told FauquierNow that recent work with the town attorney found limitations in the town’s current enforcement abilities due to gaps between local and state regulations.
As the town’s existing code became outdated, less tools were available to effectively address the conditions of properties within the town, Digges said. The amendment is part of an effort to align local enforcement with state standards.
“90% of the people that have a complaint on the property will work with us to correct it. But there are properties that will not, so that’s why we have to go through court and introduce the fines,” Digges told FauquierNow.
The town is currently managing 94 active cases, with 20 to 30 involving property maintenance concerns.
During the last year, there has been a major influx in the number of complaints regarding property maintenance, which has left town staff struggling to gain compliance with how the current code is written.
The proposed amendment aims to address enforcement difficulties by allowing the town to impose civil penalties through the General District Court and take action against unsafe, unsanitary or dangerous structures. This could involve fines or even razing or repairing buildings that pose a risk to public safety.
Digges said while criminal penalties already exist in the code, the amendment would require that any criminal penalties be tied to injuries resulting from code violations.
“If anything, this amendment would kind of make it a little bit harder for us to impose a criminal penalty,” he said.
Individuals found guilty could face fines of up to $2,500, with higher fines for repeat offenders.
The amendment also introduces civil penalties for non-injury violations, starting with a $100 fine for the first offense and escalating to $350 for subsequent offenses. Each day a violation persists counts as a separate offense, though fines are capped at $4,000 for related violations.
Despite these tougher penalties, Digges said enforcement actions are a last resort.
“Our first step to any complaint is to go out and knock on the door and try to meet face to face … 90% of the cases are voluntary compliance,” he said.
Forming relationships with land and property owners often yields success, and steps such as the introduction of fines or a court summons aren’t always necessary, said Digges, who shared how the town staff responded to a welfare check that revealed serious safety concerns at a property.
“In that situation, it was easy to see that they probably needed some help. So, you don’t want to give them a fine or notice that will put them in a worse spot,” he said. By coordinating donated resources, the town repaired the home, making it safe again without charging the residents.
“We took a structure that was borderline uninhabitable because of the safety factor, but we worked with the family, and we got it back into a condition where they didn’t have to vacate,” he added.
Some councilmembers raised concerns about the potential impact of the changes. Ward 2 Councilmember Bill Semple questioned the need for criminal penalties, particularly for property owners who may not have the financial means to make repairs.
“I just worry about the perception that [residents] will have … Why is the criminal section necessary as opposed to merely providing a civil remedy?” he asked.
Mayor Carter Neville responded by saying the amendments were a response to residents’ concerns about chronic offenders and neglected properties.
“This is in response to a desire from residents to see these houses avoid demolition by neglect,” he said. The aim, he continued, is to help property owners before situations escalate to the point of criminal charges.
Building Official Hunter Digges (left), Town Manager Frank Cassidy and Town Attorney Martin Crim discuss the changes proposed in a text amendment to the town’s building code during the council’s September meeting.
Town Attorney Martin Crim echoed this sentiment, noting that criminal charges would only apply to repeat offenders who ignore multiple notices.
“80% of your problems are caused by 20% of your people, and that is definitely the case here with regard to enforcement of the property maintenance code,” Crim said.
He added, “Some folks are just not motivated by civil penalties in some cases, and we’ve found that that method doesn’t have the desired effect. This is just another tool in the toolbox that would allow the town to escalate a situation where a property owner is not responding to civil penalties.”
Crim said offenders who ignore repeated notices could face a misdemeanor charge, though no jail time is involved.
Ward 5 Councilmember Eric Gagnon expressed concern about the potential for future abuse of enforcement powers by the town. In response, Crim and Gagnon agreed to add a preamble to the amendment, clarifying that criminal penalties would only be used as a last resort.
Community members, particularly those focused on preserving Warrenton’s historic character, have voiced support for the proposed changes.
Winston Watt, a member of the Warrenton Preservation Alliance, urged the council to approve the amendment. “You’ve got to have a tool to get the attention of those who are flagrantly violating their responsibilities,” he said.
John Albertella, another member of the alliance, agreed, pointing out that some property owners continue to violate the code while renting to tenants in unsafe conditions.
The November public hearing will give residents an opportunity to voice their opinions on the future of Warrenton’s building code and property maintenance standards.
link