Overcrowding: Mason District's Biggest Code Violation

Overcrowding and signage are two of the biggest code violations in Mason District, inspectors with the Fairfax County Department of Code Compliance told business owners and residents at the ’s monthly luncheon last week.

According to a presentation by inspectors Charles Forshee and Victoria Dzierzek, the Department of Code Compliance (DCC) enforces codes such as zoning ordinance, building code, property maintenance code, and County codes such as noise, blight and more. Formed in July 2010 as a collaboration between several agencies including the Fairfax County Police Department, the Fairfax County Office of the Fire Marshall and others, the majority of complaints the DCC receives are for multiple occupancy, hoarding, unpermitted construction and more. Overcrowding is the number one complaint in Mason District, which includes Annandale, parts of Alexandria, Fairfax, Falls Church and Springfield.

Outside of overcrowding, signage is a big issue, especially in Annandale. Forshee said banner signs such as the ones at the Annandale Cricket store at 7313 Little River Turnpike are illegal in Fairfax County [see: Fairfax County Zoning Ordinance] unless the owners apply and pay for a permit. There are several restrictions on signs that vary depending on size, location and more.

According to Forshee, DCC staff are trained and certified to handle multiple codes. There are five divisions in the county with Mason District encompassing division three. There are approximately 30 people in the entire department with six inspectors assigned to Mason District. Forshee said each inspector has 100 active cases they work on at anytime. From July 2010 to July 2011, the department worked on 10,000-12,000 complaints.

Dzierzek said the DCC is complaint-driven and residents should file complaints because the DCC can't respond without one. Once they receive a complaint, the DCC works to get notices out within 14 days For example, life and safety cases receive priority over signage violations, said Forshee.

Those who don’t comply with the notices are sent to court. Once it goes to court, the job of the DCC ends for that case. The department doesn’t do wellness checks and hey also can’t force compliance.

“We always want voluntary compliance,” said Dzierzek. Forshee said most people do comply once they receive the notice.

The DCC also does not enforce code violations on property such as medians. Residents are instructed to contact the Virginia Department of Transportation at 703-383-8368 with those complaints.

Dzierzek, who is the blight coordinator for Fairfax County, mentioned two Annandale properties up for blight abatement that will have public hearings at the Board of Supervisors meeting on Tuesday, Jan. 24. One is the and the other is a single family home located on 7101 Vellex Lane. The blight abatement plan for both properties is to “demolish the structure, clear the lot and collect costs of blight abatement, including County overhead, from the owner of this property.”

A “Blight Nuisance Vacancy” complaint was issued for the Frame Factory in April 2011. A complaint for “Non-Residential Use Permit” opened on May 24, 2011 was closed on Nov. 18, 2011 due to “compliance”, according to online records.

Residents can look up complaints from June 1, 2007 to the current date online at the county’s Code website using any address or complaint number. For example, the property at 7101 Vellex Ln has a total of nine complaints listed starting in September 2007 for “Structures Unsafe, Dilapidated Or In Disrepair” and ending in September 2011 for a Blight Nuisance Vacancy.

The building at 7601 Little River Turnpike which houses many offices, including the and is one of the more recognizable buildings in Annandale, received two complaints in 2010, one for “non-residential use permit” and another for signage, but both are listed as closed due to compliance.

To make a complaint, residents can call 703-324-1300 or visit www.fairfaxcounty.gov/code and fill out the community complaint online. Residents are required to give their name so an inspector can follow up, but residents are not required to testify in court and their information will not be made public. Forshee and Dzierzek said it’s best to provide an address and as many specifics as you can so they can appropriately handle the problem.

The full Fairfax County Code of Ordinances can be found here.

Editor's note: Annandale Patch is planning a follow-up story with additional statistics.

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