Section 9-2 REMOVAL, REPAIR, ETC., OF BUILDINGS AND OTHER STRUCTURES HARBORING ILLEGAL DRUG USE.

"Corrective Action" means 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 other structure.

"Drug Blight" means a condition existing on real property which tends to endanger the public 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.

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 mail 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 Manager 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 amended.

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.