15.2-907 - Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use.
§ 15.2-907. Authority to require removal, repair, etc., of buildings andother structures harboring illegal drug use.
A. As used in this section:
"Affidavit" means the affidavit prepared by a locality in accordance withsubdivision B 1 a hereof.
"Controlled substance" means illegally obtained controlled substances ormarijuana, as defined in § 54.1-3401.
"Corrective action" means the taking of steps which are reasonably expectedto be effective to abate drug blight on real property, such as removal,repair or securing of any building, wall or other structure.
"Drug blight" means a condition existing on real property which tends toendanger the public health or safety of residents of a locality and is causedby the regular presence on the property of persons under the influence ofcontrolled substances or the regular use of the property for the purpose ofillegally possessing, manufacturing or distributing controlled substances.
"Owner" means the record owner of real property.
"Property" means real property.
B. Any locality may, by ordinance, provide that:
1. The locality may undertake corrective action with respect to property inaccordance with the procedures described herein:
a. The locality shall execute an affidavit, citing this section, to theeffect that (i) drug blight exists on the property and in the mannerdescribed therein; (ii) the locality has used diligence without effect toabate the drug blight; and (iii) the drug blight constitutes a present threatto the public's health, safety or welfare.
b. The locality shall then send a notice to the owner of the property, to besent by regular mail to the last address listed for the owner on thelocality's assessment records for the property, together with a copy of suchaffidavit, advising that (i) the owner has up to thirty days from the datethereof to undertake corrective action to abate the drug blight described insuch affidavit and (ii) the locality will, if requested to do so, assist theowner in determining and coordinating the appropriate corrective action toabate the drug blight described in such affidavit.
c. If no corrective action is undertaken during such thirty-day period, thelocality shall send by regular mail an additional notice to the owner of theproperty, at the address stated in the preceding subdivision, stating thedate on which the locality may commence corrective action to abate the drugblight on the property, which date shall be no earlier than fifteen daysafter the date of mailing of the notice. Such additional notice shall alsoreasonably describe the corrective action contemplated to be taken by thelocality. Upon receipt of such notice, the owner shall have a right, uponreasonable notice to the locality, to seek equitable relief, and the localityshall initiate no corrective action while a proper petition for relief ispending before a court of competent jurisdiction.
2. If the locality undertakes corrective action with respect to the propertyafter complying with the provisions of subdivision B 1, the costs andexpenses thereof shall be chargeable to and paid by the owner of suchproperty and may be collected by the locality as taxes are collected.
3. Every charge authorized by this section with which the owner of any suchproperty has been assessed and which remains unpaid shall constitute a lienagainst such property with the same priority as liens for unpaid local taxesand enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 etseq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.
C. If the owner of such property takes timely corrective action pursuant tosuch ordinance, the locality shall deem the drug blight abated, shall closethe proceeding without any charge or cost to the owner and shall promptlyprovide written notice to the owner that the proceeding has been terminatedsatisfactorily. The closing of a proceeding shall not bar the locality frominitiating a subsequent proceeding if the drug blight recurs.
D. Nothing in this section shall be construed to abridge or waive any rightsor remedies of an owner of property at law or in equity.
(1994, c. 701, § 15.1-11.2:1; 1997, c. 587.)