§ 5-7. Authority to take corrective action against buildings and other structures on real property where criminal blight or a bawdy place exists.
(a)
As used in this section, the following terms shall have the following meaning:
Affidavit: The affidavit sworn to under oath prepared by the chief of police in accordance with subsection (b)(1) of this section.
Bawdy place: The same meaning as it is given in Code of Virginia, § 18.2-347.
Commercial sex acts: The same meaning as it is given in Code of Virginia, § 15.2-907.
Controlled substance: Controlled substances or marijuana, as defined in Code of Virginia, § 54.1-3401, which are illegally obtained.
Corrective action: (i) Specific actions with respect to the buildings or structures on property that are reasonably expected to abate either criminal blight or a bawdy place on property, including removing, repairing or securing a building, wall or other structure, or (ii) changing specific policies, practices, and procedures of the owner that are reasonably expected to abate criminal blight on the property.
Criminal blight: The regular presence on property of persons who are under the influence of controlled substances; the regular use of property for the purpose of illegally possessing, manufacturing or distributing controlled substances; the regular use of property for the purpose of engaging in commercial sex acts; or repeated acts of the malicious discharge of a firearm within any building or dwelling that would constitute a criminal act under Code of Virginia, § 18.2-279.
Owner: The record owner of real property.
Property: Real property.
(b)
The building official may require the owner of property to undertake corrective action, or the building official may take corrective action, if:
(1)
The chief of police has executed an affidavit, after coordinating with the building or fire code official, which expressly cites this section and which (i) states that either a criminal blight or a bawdy place exists on the property; (ii) describes any criminal blight or bawdy place that exists; (iii) states that the police department has diligently but unsuccessfully attempted to abate the criminal blight or bawdy place; (iv) states that the criminal blight or bawdy place constitutes a present threat to public health, safety or welfare; and (v) states specific actions to be taken on the part of the owner that the building official and chief of police determine are necessary to abate the identified criminal blight on the property and that do not impose an undue financial burden on the owner; and
(2)
The building official has sent a notice to the owner of the property, by certified mail, return receipt requested; (ii) hand delivery; or (iii) overnight delivery by a commercial service or the United States Postal Service, except that regular mail shall suffice for bawdy places, to the last address listed for the owner on the county's real estate assessment records for the property, together with a copy of the chief of police's affidavit, notifying the owner that (i) the owner must take corrective action to abate the criminal blight or bawdy place within 30 days after the date of the notice and (ii) if the owner requests the county to do so, the county will assist the owner in determining and coordinating the appropriate corrective action to abate the criminal blight or bawdy place described in the affidavit. For criminal blight, if the owner notifies the building official in writing within the 30-day period that additional time to complete the corrective action is needed, the building official shall allow the owner an extension for an additional 30-day period to take corrective action.
(3)
If no corrective action is undertaken pursuant to subsection (b)(2), the building official shall send a second notice by certified mail, return receipt requested for criminal blight, or by regular mail for bawdy places, to the owner of the property at the same address to which the first notice was sent. The second notice shall notify the property owner that, on a specific date that is no less than 15 days after the date that the second notice is mailed, (i) the building official may commence corrective action to abate the criminal blight or bawdy place on the property or (ii) the building official may commence legal action in a court of competent jurisdiction to obtain a court order to require that the owner take corrective action or a court order to revoke the certificate of occupancy for the property. The second notice shall also reasonably describe the corrective action that the building official is contemplating. After the owner has received the second notice, the owner shall have a right, after providing reasonable notice to the building official, to petition a court of competent jurisdiction for judicial relief from the provisions of this section. The building official shall not take corrective action while such a petition for relief is pending before a court of competent jurisdiction.
(c)
If the building official takes corrective action with respect to the property after complying with the provisions of subsection (b), the costs and expenses of the corrective action shall be charged to and paid by the owner of the property and may be collected in the same manner as taxes and levies.
(d)
Every charge authorized by this section with which the owner of property has been assessed shall constitute a lien against the property.
The lien shall have the same priority as a lien for unpaid local taxes and shall be enforceable in the same manner as provided in Code of Virginia, § 58.1-3940 et seq., and Code of Virginia, § 58.1-3965 et seq.
(e)
A criminal blight proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction.
(f)
If the owner takes timely corrective action pursuant to subsection (b) the building official shall (i) deem the criminal blight or bawdy place abated; (ii) cease any proceeding without any charge or cost to the owner; and (iii) promptly send written notice to the owner by regular mail that the proceeding has been terminated satisfactorily. If the criminal blight or bawdy place recurs, the building official shall not be barred from initiating a subsequent proceeding.
(g)
Nothing in this section, as it relates to criminal blight, shall be construed to abridge, diminish, limit, or waive any rights or remedies of the owner at law or any permits or nonconforming rights the owner may have under Code of Virginia § 15.2-2200 et seq. If the owner in good faith takes corrective action, and despite having taken such action, the specific criminal blight identified in the chief of police's affidavit persists, the owner shall be deemed in compliance with this section. Further, if a tenant in a rental dwelling unit, or a tenant on a manufactured home lot, is the cause of criminal blight on such property and the owner in good faith initiates legal action and pursues the same by requesting a final order by a court of competent jurisdiction, as otherwise authorized by the Code of Virginia, against such tenant to remedy such noncompliance or to terminate the tenancy, the owner shall be deemed in compliance with this section.
(h)
Nothing in this section, as it relates to bawdy places, shall be construed to abridge or waive any rights or remedies of an owner at law or in equity.
(Code 1978, § 6-2.4; Ord. of 9-10-97, § 1; Ord. of 9-26-18(2), § 1)
Cross reference— Offenses, ch. 14.
State Law reference— Authorized by Code of Virginia, § 15.2-907.
(Code 1978, § 6-2.4; Ord. of 9-10-97, § 1; Ord. of 9-26-18(2), § 1)