[Adopted 11-27-2012 by Ord. No. 12-29[1]]
[1]
Editor's Note: The title of this article was amended to add "or Other Criminal Activity" 8-23-2022 by Ord. No. 22-14.
[Amended 8-23-2022 by Ord. No. 22-14]
In addition to the administration and enforcement process established in Article I of this chapter, the City Manager or his designee is authorized to undertake corrective action with respect to criminal blight on real property, or to require the owner of the real property to undertake corrective action, in accordance with the procedures described herein.
A. 
The City Manager or his designee shall execute an affidavit, citing Code of Virginia, § 15.2-907 and this article, affirming that:
(1) 
Criminal blight exists on certain property in the manner described therein;
(2) 
The City has used due diligence without effect to abate the criminal blight; and
(3) 
The criminal blight constitutes a present threat to the public's health, safety or welfare.
B. 
The City Manager or his designee shall submit the affidavit to the City Attorney requesting that the owner of the property be notified by certified mail, return receipt requested; hand delivery; or overnight delivery by a commercial service or the United States Postal Service, sent to the last known address as it appears in the assessment records of the City. The notice and a copy of the affidavit shall advise the owner that (i) the owner has up to 30 days from the date thereof to undertake corrective action to abate the criminal blight described in the affidavit, and (ii) if requested to do so, the City will assist the owner in determining and coordinating the appropriate corrective action to abate the criminal blight described in the affidavit. The notice shall further advise the owner of the right to appeal the determination of drug blight pursuant to § 59-5E of this chapter. If the owner notifies the City in writing within the 30-day period that additional time to complete the corrective action is needed, the City shall allow such owner an extension for an additional 30-day period to take such corrective action.
[Ord. No. 12-29, 11-27-2012; amended 8-23-2022 by Ord. No. 22-14]
If no corrective action is undertaken by the owner of the property within 30 days from receipt of notice from the City Attorney, or during the extension if such extension is granted by the City, then the City Attorney shall send by certified mail, return receipt requested, an additional notice to the owner of the property, stating (i) that within 15 days from the date of the notice, the City will commence to abate the criminal blight by taking any corrective action the City deems appropriate, to include, but not limited to, the removal of the building or other structure so as to abate the criminal blight on the property or (ii) the date on which the City 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. Upon receipt of this final notice, the owner shall have the right, upon reasonable notice to the City, to seek equitable relief, and the City shall initiate no corrective action while a proper petition is pending before a court of competent jurisdiction.
[Ord. No. 12-29, 11-27-2012; amended 8-23-2022 by Ord. No. 22-14]
A. 
If the owner of such property takes timely corrective action pursuant to this article, the City shall deem the criminal 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 the proceeding shall not bar the City from initiating a subsequent proceeding if the criminal blight recurs.
B. 
If a property owner in good faith takes corrective action and, despite having taken such action, the specific criminal blight identified in the affidavit of the City persists, such property owner shall be deemed in compliance with this article.
C. 
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 property owner in good faith initiates legal action and pursues the same by requesting a final order by a court of competent jurisdiction against such tenant to remedy such noncompliance or to terminate the tenancy, such owner shall be deemed in compliance with this article.
[Ord. No. 12-29, 11-27-2012]
The City's costs for undertaking corrective action with respect to the property after complying with the notice requirements in § 59-300 shall be charged to and paid by the owner of the property, and may be collected by the City, all in accordance with § 59-7 of Article I of this chapter.
[Ord. No. 12-29, 11-27-2012]
Nothing in this article shall be construed to abridge or waive any rights or remedies of an owner of property at law or in equity.