Bill Text: VA HB594 | 2018 | Regular Session | Chaptered
Bill Title: Local government; authority to require abatement of criminal blight on real property.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2018-04-09 - Governor: Acts of Assembly Chapter text (CHAP0805) [HB594 Detail]
Download: Virginia-2018-HB594-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §15.2-907 of the Code of Virginia is amended and reenacted as follows:
§15.2-907. Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use or other criminal activity.
A. As used in this section:
"Affidavit" means the affidavit sworn to under
oath prepared by a locality in accordance with subdivision B 1 a hereof.
"Commercial sex acts" means any specific activities that would constitute a criminal act under Article 3 (§18.2-344 et seq.) of Chapter 8 of Title 18.2 or a substantially similar local ordinance if a criminal charge were to be filed against the individual perpetrator of such criminal activity.
"Controlled substance" means illegally obtained controlled substances or marijuana, as defined in §54.1-3401.
"Corrective action" means the (i) taking
which of steps specific actions with respect to the buildings or
structures on property that are reasonably expected to be effective to
abate drug criminal blight on such real property, such
as including the removal, repair, or securing of any
building, wall, or other structure, or (ii) changing specific
policies, practices, and procedures of the real property owner that are
reasonably expected to abate criminal blight on real property. A local
law-enforcement official shall prepare an affidavit on behalf of the locality
that states specific actions to be taken on the part of the property owner that
the locality determines are necessary to abate the identified criminal blight
on such real property and that do not impose an undue financial burden on the
owner.
"Drug Criminal blight" means a
condition existing on real property which tends to endanger that
endangers the public health or safety of residents of a locality and is
caused by (i) the regular presence on the property of persons
under the influence of controlled substances or; (ii) the regular
use of the property for the purpose of illegally possessing, manufacturing,
or distributing controlled substances; (iii) the regular use of the property
for the purpose of engaging in commercial sex acts; or (iv) repeated acts of
the malicious discharge of a firearm within any building or dwelling that would
constitute a criminal act under §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.
"Law-enforcement official" means an official designated to enforce criminal laws within a locality, or an agent of such law-enforcement official. The law-enforcement official shall coordinate with the building or fire code official of the locality as otherwise provided under applicable laws and regulations.
"Owner" means the record owner of real property.
"Property" means real property.
B. Any locality may, by ordinance, provide that:
1. The locality may require the owner of real property to undertake corrective action, or the locality may undertake corrective action, with respect to such property in accordance with the procedures described herein:
a. The locality shall execute an affidavit, citing this
section, to the effect that (i) drug criminal blight exists on
the property and in the manner described therein; (ii) the locality has used
diligence without effect to abate the drug criminal blight; and
(iii) the drug criminal blight constitutes a present threat to
the public's health, safety, or welfare.
b. The locality shall then send a notice to the owner of the
property, to be sent by regular (i) certified mail, return
receipt requested; (ii) hand delivery; or (iii) overnight delivery by a
commercial service or the United States Postal Service, to the last address
listed for the owner on the locality's assessment records for the property,
together with a copy of such affidavit, advising that (i) (a) the
owner has up to 30 days from the date thereof to undertake corrective action to
abate the drug criminal blight described in such affidavit and
(ii) (b) the locality will, if requested to do so, assist the owner
in determining and coordinating the appropriate corrective action to abate the drug
criminal blight described in such affidavit. If the owner
notifies the locality in writing within the 30-day period that additional time
to complete the corrective action is needed, the locality shall allow such
owner an extension for an additional 30-day period to take such corrective
action.
c. If no corrective action is undertaken during such 30-day
period, or during the extension if such extension is granted by the
locality, the locality shall send by regular certified mail,
return receipt requested, an additional notice to the owner of the
property, at the address stated in the preceding subdivision b,
stating (i) the date on which the locality may commence corrective
action to abate the drug criminal blight on the property or
(ii) the date on which the locality may commence legal action in a court of
competent jurisdiction to obtain a court order to require that the owner take such
corrective action or, if the owner does not take corrective action, a court
order to revoke the certificate of occupancy for such property, which date
shall be no earlier than 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 locality. Upon receipt of such notice, the
owner shall have a right, upon reasonable notice to the locality, to seek equitable
judicial relief, and the locality shall initiate no corrective
action while a proper petition for relief is pending before a court of
competent jurisdiction.
2. If the locality undertakes corrective action with respect
to the property after complying with the provisions of subdivision B 1,
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.
3. Every charge authorized by this section with which the
owner of any such property has been assessed and which that
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 Articles 3 (§58.1-3940 et seq.) and 4 (§58.1-3965
et seq.) of Chapter 39 of Title 58.1.
4. A criminal blight proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction in the Commonwealth.
C. If the owner of such real property takes
timely corrective action pursuant to such the provisions of a local
ordinance, the locality shall deem the drug criminal blight
abated, shall close the proceeding without any charge or cost 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
locality from initiating a subsequent proceeding if the drug criminal
blight recurs.
D. 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 in equity or any permits or nonconforming rights the owner may
have under Chapter 22 (§15.2-2200 et seq.) or under a local ordinance.
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, 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 otherwise authorized by
this Code, against such tenant to remedy such noncompliance or to terminate the
tenancy, such owner shall be deemed in compliance with this section.
