Chapter 9 BUILDINGS.
Section 9-2 REMOVAL, REPAIR, ETC., OF BUILDINGS AND OTHER STRUCTURES HARBORING ILLEGAL DRUG USE.
1. As used in this Section:
"Affidavit" means the affidavit prepared by the Town in accordance with Subsection
"Controlled Substance" means illegally obtained controlled substances or marijuana,
defined in 54.1-3401 of the Code of Virginia 1950, as amended.
"Corrective Action" means the taking of steps which are reasonably expected to be effective
abate drug blight on real property, such as removal, repair, or securing of any building, wall, or
"Drug Blight" means a condition existing on real property which tends to endanger the
health or safety of residents of a locality and is caused by the regular presence on 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.
"Owner" means the record owner of real property.
"Property" means real property.
2. The procedures for corrective action with respect to property shall be as follows:
A. Any law enforcement officer, as such terms are defined in Section 9.1-101 of
the Code of
Virginia 1950, as amended, may execute and file an affidavit with the Council, citing this Section
of the Town Code, to the effect that (i) drug blight exists on a particular property within the
Town, specifying the location of the property and the nature of the blight; (ii) that the Town has
used diligence without effect to abate the drug blight; and (iii) the drug blight constitutes a
present threat to the public's health, safety or welfare.
B. The Council shall then cause a Notice to be sent to the owner of the property by regular
to the last address listed on the Town's tax assessment records, together with a copy of the
foregoing affidavit, advising that (i) the owner has up to thirty (30) days from the date of the
Notice to undertake corrective action to abate the drug blight described in the affidavit and (iii)
the Town will, if requested to do so, assist the owner in determining and coordinating the
appropriate corrective action to abate the drug blight described in such affidavit.
C. If no corrective action is undertaken during such thirty (30) - day period, the Town
shall send by regular mail an additional notice to the owner of the property, at the address stated
in the preceding subdivision, stating the date on which the Town may commence corrective
action to abate the drug blight on the property, which date shall be no earlier than fifteen (15)
days after the date of mailing of the Notice. Such additional Notice shall also reasonably describe
the corrective action contemplated to be taken by the Town. Upon receipt of such additional
Notice, the owner shall have a right , upon reasonable notice to the Town, to seek equitable
relief, and the Town shall initiate no corrective action while a proper petition for relief is pending
before a court of competent jurisdiction.
3. If the Town undertakes corrective action with respect to the property after complying with the
provisions of Subsection (2) hereof, the costs and expenses thereof shall be chargeable to and
paid by the owner of such property and may be collected by the locality as taxes are collected.
4. 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 Town real estate taxes and enforceable in the same manner as
provided in Articles 3 and 4 of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as
5. If the owner of such property takes timely corrective action pursuant to this Section, the
Council shall, by Resolution, deem the drug blight abated, shall close the proceeding without any
charge or cost to the owner, and shall forward a copy of such Resolution to the owner, thereby
certifying that the proceeding has been terminated satisfactorily. The closing of the proceeding
shall not bar the Town from initiating a subsequent proceeding if the drug blight recurs.
6. Nothing in this Section shall be construed to abridge or waive any rights of remedies of an
owner of property at law or in equity.
(Ord. No. 15-07 Repealed and Added Entire Section 11-26-07-Effective January 1, 2008)