Sec. 32-70. - Definitions.

As used in this article:

Affidavit means the affidavit prepared by the city in accordance with section 32-71 hereof.

Controlled substance means the same as that term is defined in § 54.1-3401 of the Code of Virginia.

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 the city 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.

(Ord. No. 6710-10, § 1)

Sec. 32-71. - Affidavit and notice requirements.

In addition to enforcement procedures established elsewhere, the chief of police or his designee is authorized to undertake corrective action with respect to drug blight on real property in accordance with the procedures described herein.

(a)

The chief of police or his designee shall execute an affidavit, citing § 15.2-907 of the Code of Virginia, and this article, and affirming that: (i) drug blight exists on the property in the manner described therein; (ii) that the city has used due diligence without effect to abate the drug blight; and (iii) that the drug blight constitutes a present threat to the public's health, safety or welfare.

(b)

The chief of police or his designee shall send a notice to the owner of the property, to be sent by regular mail to the last address listed for the owner on the city's assessment records for the property, together with a copy of the affidavit. The notice shall advise the owner that: (i) the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the drug blight described in the affidavit; and (ii) that if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the drug blight described in the affidavit.

(Ord. No. 6710-10, § 1)

Sec. 32-72. - Failure to take corrective action.

If no corrective action is undertaken within thirty (30) days from the date of the notice from the city as provided for in section 32-71, the chief of police or his designee shall send by regular mail an additional notice to the owner of the property, at the address stated in the assessment records of the city, stating the date on which the city 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 this notice. This notice shall also reasonably describe the corrective action contemplated to be taken by the city. Upon receipt of such notice, the owner shall have a right, upon reasonable notice to the city provided no later than fifteen (15) days from date of the notice from the city pursuant to this section, to seek equitable relief before a court of competent jurisdiction, which shall be filed within thirty (30) days from the date of the notice to the city. The city shall initiate no corrective action while a proper petition for relief is pending before such court of competent jurisdiction.

(Ord. No. 6710-10, § 1)

Sec. 32-73. - Assessment of costs.

If the city undertakes the corrective action with respect to the property after complying with the notice provisions found herein, the costs 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 and levies are collected. 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 taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia.

(Ord. No. 6710-10, § 1)

Sec. 32-74. - Corrective action by owner.

If the owner of such property takes timely corrective action pursuant to this article, the city shall deem the drug blight abated and shall close the proceeding without any charge or costs 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 drug blight recurs.

(Ord. No. 6710-10, § 1)

Sec. 32-75. - Abridgement of rights.

Nothing in this section shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity.

(Ord. No. 6710-10, § 1)