Article 12.5 - Criminal Blight#

Sec. 12.5-1. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in the section, except where the context clearly indicates a different meaning:

Affidavit means the affidavit prepared by the city attorney or city manager in accordance with this chapter.

Controlled substance is the same as the term is defined in the Code of Virginia, § 54.1-3401, 1950, as amended.

Corrective action means the taking of steps which are reasonably expected to be effective to abate criminal blight on real property, such as removal, repair or securing of any building, wall or other structure or the legal removal of identified individuals which contribute to the criminal blight.

Criminal blight means a condition existing on real property that endangers the public health or safety of residence of the town and is caused by:

(1) The regular presence on the property of persons under the influence of controlled substances.

(2) The regular use of the property for the purpose of illegally possessing, manufacturing or distributing any controlled substances.

(3) The regular use of the property for the purpose of engaging in commercial sex acts; or

(4) Repeated acts of malicious discharge of a firearm within any vehicle on the property or within any building or dwelling which would constitute a criminal act under Code of Virginia, § 18.2-279, or a substantially similar local ordinance if a criminal charge were to be filed against the individual perpetrator of such criminal activity.

(5) Special exception may be given to domestic calls and victims of domestic abuse.

Other resident means individual or individuals who reside on the property through inheritance or adverse possession or some other quasi legal means.

Owner means the record owner of the real property.

Tenant means individual or individuals who reside or remain on the real property pursuant to a lease agreement, verbal or written permission by the owner to reside on the real property.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-2. - Prohibition of criminal blight; declaration of nuisance; abatement generally.#

(a) Any criminal blight is hereby declared to be detrimental to the public health and safety and a public nuisance. Such criminal blight shall be removed from real property and/or the activity, policies or practices causing or enabling the blighting influence shall be discontinued or modified whenever it is necessary to do so in order to effectively abate the nuisance.

(b) In addition to enforcement procedures established elsewhere, the city may require the owner of real property to undertake corrective action, or the city may undertake corrective action, with respect to such property in accordance with the procedures established in this article.

(c) A criminal blight proceeding pursuant to this article, to the extent filed with a court of law, shall be a civil proceeding in a court of competent jurisdiction in the Commonwealth of Virginia.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-3. - Affidavit and notice requirements.#

(a) To initiate an enforcement action under this article the city attorney or some other appropriate designee shall execute an affidavit citing Code of Virginia, § 15.2-907, to the effect that:

(1) Criminal blight as defined in this section exists on the property and in the manner described therein;

a. The city has used diligence without effect to abate the criminal blight; and

b. The criminal blight constitutes a present threat to the public health, safety or welfare.

(b) The city attorney or a designee shall then send a notice to the owner of the property, to be sent by certified mail, return receipt requested; hand delivery; or overnight delivery by a commercial service or the United States Postal Service, to the last address listed for the owner on the city's assessment records for the property, together with a copy of such affidavit, advising that the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the criminal blight described in such affidavit and that the city will, if requested to do so, assist the owner in determining and coordinating the appropriate corrective action to abate the criminal blight described in such affidavit.

(c) If the property owner notifies the city, in writing, during the thirty-day period that additional time to complete the corrective action is needed, the city shall allow such owner an extension for an additional thirty-day period to take such corrective action.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-4. - Failure to take corrective action.#

(a) If no corrective action is undertaken by the owner of the property within thirty (30) days from the date of the notice from the city as provided for in this section or during any extension provided pursuant to provisions of the section, the city attorney or designee shall send by certified mail, return receipt requested, an additional notice to the owner of the property, to the last address listed for the owner on the city's assessment records for the property or any such address updated by the owner. The second notice shall include:

(1) An affidavit prepared by the chief of police or designee on behalf of the city that states specific actions to be taken on the part of the property owner that the city determines are necessary to abate the identified criminal blight on such real property;

(2) A reasonable description of the corrective action contemplated to be taken by the city;

(3) The date on which the city may either commence corrective action to abate the criminal blight on the property or commence legal action in a court of competent jurisdiction to obtain a court order to require that the owner shall take such corrective action, or if the owner does not take corrective action, a court order to revoke the certificate of occupancy for the property.

(b) The aforesaid date shall be no earlier than fifteen (15) days after the date of mailing of the second notice. Upon receipt of the second notice, the owner shall have a right, upon reasonable notice to the city, to seek judicial relief, and the city shall initiate no corrective action while a proper petition for relief is pending before a court of competent jurisdiction.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-5. - Assessment of costs.#

If the city undertakes the corrective action with respect to the property after complying with the notice requirements found herein, the cost and expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the city in the same manner as taxes are collected. All such costs and expenses may be docketed as a lien against the real estate in the manner previously prescribed. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property with the same priority as liens for unpaid local real estate taxes and enforceable in the same manner as provided in Code of Virginia, §§ 58.1-3949 et seq., and 58.2-3965 et seq.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-6. - Corrective action by owner.#

If the owner of such property takes timely corrective action pursuant to this article, the city shall deem the criminal blight abated and shall close the proceeding with only minimal costs and reasonable charges to the owner and shall promptly provide written notice to the owner that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the city from initiating a subsequent proceeding if the criminal blight recurs.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-7. - Abridgment of rights.#

(a) Nothing in this section shall be construed to abridge, diminish, limit or waive any rights or remedies of an owner of property at law or any permits or non-conforming rights the owner may have under the Code of Virginia, § 15.2-2200 et seq., or under any local ordinance.

(b) If an owner in good faith takes corrective action, and despite having taken such action, the specific criminal blight identified in the affidavit of the locality persists due to the impossibility of abatement, such 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 authorized by law, against such tenant to remedy such noncompliance or takes legal action to terminate the occupancy, such owner shall be deemed in compliance with this article.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-8. - Violations.#

(a) Any occupant or owner who shall fail to abate such nuisance within the time specified in the initial notice (thirty (30) days) or secondary notice (thirty (30) days), in addition to any civil remedies pursued by the city, shall also be guilty of a Class 3 misdemeanor. Each day that such nuisance is permitted to remain upon such land or premises after the expiration of the time specified in the notice shall be deemed to constitute a separate offense under this section.

(b) All sworn police officers, health inspectors, building and housing inspectors and the zoning administrator are hereby designated as enforcement officers for the purposes of this section.

(Ord. No. 23-425, 4-26-23)

Sec. 12.5-9. - Severability.#

If any section, subsection, sentence, clause, phrase or a portion of this article, for any reason, is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. City council declares that it would have adopted each section, subsection, sentence, clause, phrase or a portion thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases or portions are declared invalid or unconstitutional.

(Ord. No. 23-425, 4-26-23)