                                 CODE OF VIRGINIA

AUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF BUILDINGS AND OTHER STRUCTURES
HARBORING ILLEGAL DRUG USE OR OTHER CRIMINAL ACTIVITY (§ 15.2-907)

A. As used in this section:
			&#8220;Affidavit&#8221; means the affidavit sworn to under oath prepared by a
locality in accordance with subdivision B 1 a.			&#8220;Commercial sex
acts&#8221; means any specific activities that would constitute a criminal act
under Article 3 (&#xA7; 18.2-346 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.			&#8220;Controlled substance&#8221; means illegally obtained
controlled substances or marijuana, as defined in &#xA7;
54.1-3401.			&#8220;Corrective action&#8221; means (i) taking specific actions
with respect to the buildings or structures on property that are reasonably
expected to abate criminal blight on such real property, 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.			&#8220;Criminal blight&#8221; means a condition existing on real
property 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 in
possession or under the influence of controlled substances; (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) the discharge of a
firearm that would constitute a criminal act under Article 4 (&#xA7; 18.2-279 et
seq.) of Chapter 7 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.			&#8220;Law-enforcement official&#8221; 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.			&#8220;Owner&#8221; means the record owner of
real property.			&#8220;Property&#8221; 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) criminal blight exists on the property and in the manner
   described therein; (ii) the locality has used diligence without effect to
   abate the criminal blight; and (iii) the criminal blight constitutes a present
   threat to the public&#8217;s health, safety, or welfare.				b. The locality
   shall then send a notice to the owner of the property, to be sent by (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&#8217;s
   assessment records for the property, together with a copy of such affidavit,
   advising that (a) the owner has up to 30 days from the date thereof to
   undertake corrective action to abate the criminal blight described in such
   affidavit and (b) the locality will, if requested to do so, assist the owner
   in determining and coordinating the appropriate corrective action to abate the
   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 certified mail, return receipt requested, an additional
   notice to the owner of the property, at the address stated in subdivision b,
   stating (i) the date on which the locality may commence corrective action to
   abate the 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 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 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 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
   (&#xA7; 58.1-3940 et seq.) and 4 (&#xA7; 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 real property takes timely corrective action pursuant to the
provisions of a local ordinance, the locality shall deem the 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 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 any permits or
nonconforming rights the owner may have under Chapter 22 (&#xA7; 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.

HISTORY: 1994, c. 701, § 15.1-11.2:1; 1997, c. 587; 2011, cc. 384, 410; 2014,
cc. 674, 719; 2017, cc. 118, 610; 2018, cc. 335, 805; 2020, c. 122; 2021, Sp.
Sess. I, c. 186.