[Ord. of 3-22-1999(1)]
(a)
The City Council finds that there is an increasing use of real property
within the City for criminal violations of state laws governing controlled
substances. The Council also finds that such use continues despite
law enforcement efforts of the City police, with repeated offenses
being committed at the same properties.
(b)
The Council further finds that this problem has deleterious effects
on the quality of life in the neighborhoods in which it occurs, diminishes
the property values of other neighborhood properties, is detrimental
to public safety and increases the cost of law enforcement in the
City.
(c)
Therefore, the Council finds it to be in the public interest to authorize
and empower the appropriate City officials to take corrective action
to abate drug blight on real property in the City in cases in which
property owners fail to take corrective action within the period set
forth below.
[Ord. of 3-22-1999(1)]
The following words have the following meanings when used in
this article.
The affidavit prepared in accordance § 6-50(a).
Illegally obtained controlled substances as defined in Code
of Virginia, § 54.1-3401.
The taking of steps which are reasonably expected to be effective
to abate drug blight on real property, such as removal, repair or
securing of any building, wall or structure.
A condition existing on real property which tends to endanger
the public health or safety of City residents and is caused by the
regular presence of the property of persons under the influence of
controlled substances or the regular use of the property for the purpose
of illegally possessing, manufacturing or distributing controlled
substances.
The record owner or owners of real property.
Real property or a portion thereof, including but not limited
to, any room, building, structure, vacant or occupied.
[Ord. of 3-22-1999(1)]
(a)
In the event that there exists drug blight on certain real property
in the City despite law enforcement efforts to prevent such blight,
the Chief of Police or designee of the chief shall execute an affidavit,
citing Code of Virginia, § 15.2-907, affirming (i) that
drug blight exists on the property and in the manner described therein;
(ii) that the City has used due diligence without effect to abate
the drug blight; and (iii) that the drug blight constitutes a present
threat to the public's health, safety or welfare.
(b)
This affidavit shall be submitted to the Building Official requesting
that the last known owner of the property be notified of the drug
blight by regular mail sent to the address of said owner as it appears
in the assessment records of the City.
(c)
The Building Official shall send out by regular mail a notice, with
a copy of the affidavit, to the owner of record at such address advising
that (i) the owner has up to 30 days from the date thereof to undertake
corrective action to abate the drug blight described in the affidavit
and (ii) the City will, if requested to do so, assist the owner in
determining and coordinating the appropriate corrective action to
abate the drug blight described in the affidavit.
(d)
If no corrective action is taken by the owner within such thirty-day
period, the Building Official shall send a second notice by regular
mail to the owner at the address used in the first notice stating
a date, no earlier than 15 days after the mailing of the second notice,
after which the City may commence corrective action to abate the drug
blight on the property. This second notice shall also reasonably describe
the corrective action contemplated to be taken by the City.
(e)
Upon receipt of the second notice the owner shall have a right, upon
notice given to the City within no more than 15 days of receipt of
such second notice, to seek equitable relief from an appropriate court,
and the City shall initiate no corrective action while a proper petition
for relief is pending before a court of competent jurisdiction.
(f)
If the City undertakes corrective action with respect to the property
after complying with the notice requirements set forth above, the
costs and expenses thereof shall be chargeable to and paid by the
owner of such property and may be collected by the City as taxes are
collected.
(g)
Every charge authorized by this article with which the owner of any
such property has been assessed and which remains unpaid shall constitute
a lien on said property with the same priority as liens for unpaid
local taxes and enforceable in the same manner as provided in Code
of Virginia, § 58.1-3940 et seq. and § 58.1-3965
et seq.
(h)
If the owner of such property takes timely corrective action pursuant
to this article, and the City determines that the drug blight is properly
abated as verified by a final written report prepared by the Building
Official and approved by the Chief of Police, then the proceedings
shall promptly be terminated, there shall be no charge or cost to
the owner and the owner shall be immediately notified in writing of
the satisfactory closing of the abatement proceedings. The closing
of a proceeding shall not bar the City from initiating a subsequent
proceeding if the drug blight recurs.
(i)
Nothing in this article shall be construed to abridge or waive any
rights or remedies of an owner of property in law or in equity.
