Fauquier County, VA Property Maintenance: Property Blight (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.
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?
What happens if I ignore an unsafe-building repair notice?
Is failing to fix an unsafe building a crime in Fauquier County?
Sources & Official References
Other rules in Fauquier County
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