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Fauquier County, VA Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Authority
Board of Supervisors, County Code Sec. 5-5
Trigger
Building or structure endangering public health or safety
Owner duty
Remove, repair or secure after Board notice
County remedy
County can do the work if owner fails
Cost recovery
Billed to owner, collected like unpaid taxes
Unpaid cost
Becomes a lien against the property
Penalty class
Misdemeanor under Sec. 5-5.2, not civil summons

Summary

In unincorporated Fauquier County, the Board of Supervisors can order an owner to remove, repair or secure any building, wall or structure that endangers public health or safety. If the owner ignores reasonable notice and a reasonable time to act, county agents or employees do the work instead and bill the owner, turning any unpaid charge into a lien against the property.

These county ordinances apply to unincorporated areas of Fauquier County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 5-5. - Authority of board of supervisors to require repair, etc., of unsafe buildings and structures. (a)Owners of property within the county shall, whenever prescribed by the ordinance or resolution of the board of supervisors, remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the county.(b)The board of supervisors, through its own agents or employees, may remove, repair or secure any building, wall or any other structure ... when the owner of such property, after reasonable notice and a reasonable time to do so, has failed to remove, repair or secure such building, wall or other structure.( ... d)Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property. ... Sec. 5-5.2. ... violations of this chapter are misdemeanors and, upon conviction, may be punished by a fine of not more than that amount authorized for violations of the USBC by Code of Virginia § 36-106, as amended.

Full Breakdown

County Code Sec. 5-5 gives the Board of Supervisors authority over unsafe buildings anywhere in unincorporated Fauquier County: any building, wall or other structure that might endanger the public health or safety of county residents. Subsection (a) requires an owner to remove, repair or secure such a structure whenever the Board's own ordinance or resolution prescribes it. Subsection (b) lets the Board step in itself, through its agents or employees, once the owner has had reasonable notice and a reasonable time to act and still has not removed, repaired or secured the structure.

If the county does the work, subsection (c) makes the cost chargeable to the property owner and collectible the same way the county collects taxes and levies, and subsection (d) turns any unpaid charge into a lien against the property itself, alongside the standard tax-collection remedies.

Because Fauquier adopted the Virginia Uniform Statewide Building Code (USBC) by reference in Sec. 5-1, the Building Official's office created under Sec. 5-2 is the agency that typically identifies and processes an unsafe structure before it reaches the Board. Sec. 5-5.2 carves unsafe-structure cases out of the county's civil-penalty schedule entirely: violations involving USBC Section 105, Unsafe Structures or Structures Unfit for Human Habitation, are prosecuted only as misdemeanors, with a fine capped at whatever Code of Virginia Sec. 36-106 authorizes and a court-ordered abatement period after conviction, rather than through the $100/$350 civil-summons track used for lesser USBC violations.

Violations & Fines

Unsafe-structure cases under USBC Section 105 are excluded from Fauquier's civil-summons schedule and are prosecuted only as misdemeanors under Sec. 5-5.2, carrying a fine capped at whatever Code of Virginia Sec. 36-106 sets and a court-ordered abatement deadline after conviction. Separately, if an owner ignores the county's repair notice under Sec. 5-5, the county can do the work itself and record the unpaid cost as a lien against the property.

Frequently Asked Questions

Who orders repair of an unsafe building in Fauquier County?
County Code Sec. 5-5 gives that authority to the Board of Supervisors, which can require an owner to remove, repair or secure any building, wall or structure that endangers public health or safety in unincorporated Fauquier County. In practice the Building Official's office, created under Sec. 5-2, identifies unsafe structures and starts the process on the Board's behalf.
What happens if I ignore an unsafe-building repair notice?
Under Sec. 5-5(b), once you have had reasonable notice and a reasonable time to act, the county's own agents or employees can remove, repair or secure the structure for you. Sec. 5-5(c) and (d) then make the cost chargeable to you, collectible like unpaid taxes, and turn any balance left unpaid into a lien against your property.
Is failing to fix an unsafe building a crime in Fauquier County?
Yes. Sec. 5-5.2 pulls unsafe-structure violations under USBC Section 105 out of the county's civil-penalty track entirely and prosecutes them only as misdemeanors, with a fine capped at the amount Code of Virginia Sec. 36-106 authorizes and a court-ordered deadline to abate the violation after conviction.

Sources & Official References

Other rules in Fauquier County

All Fauquier County rules

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