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Agenda 11/14/2006
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Agenda 11/14/2006
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12/5/2006 11:38:09 AM
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12/5/2006 10:49:51 AM
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City Council
Meeting Date
11/14/2006
City Council - Category
Agendas
City Council - Type
Work Session
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<br />Unsound and Deteriorated Buildings <br />Section 15.2-906 of the State Code allows a locality to adopt an ordinance requiring a <br />property owner to remove, repair, or secure any building, wall or other structure, which <br />might endanger public health or safety. The locality can abate such nuisance after giving <br />the owner written notice to do so and after publishing such notice in a newspaper of <br />general circulation in the community. This section allows a locality to make exterior <br />maintenance to a building in order to prevent deterioration and can be helpful in <br />preserving historic properties. The owner can be billed for the cost of the abatement and <br />a lien can be placed on the property to recover the unpaid costs. Such lien has the same <br />priority as liens for unpaid local taxes. The locality can waive the lien in order to <br />effectuate the sale of the property. The City has adopted such an ordinance. <br /> <br />Drug Activity and Blight <br />Section 15.2-907 of the Code of Virginia allows a locality to adopt an ordinance to <br />remove, repair or secure buildings or other structures where (i) "drug blight," exists on <br />the property, (ii) the locality has used diligence to abate the drug blight, and (iii) the drug <br />blight constitutes a present threat to the public's health, safety or welfare. The owner of <br />the property must be given notice and an opportunity for an administrative hearing. The <br />locality's expense in taking corrective action is chargeable to the owner of the property <br />and a lien can be placed against the property to recover such expenses. <br /> <br />Houses of III Repute <br />Section 15.2-908.1 of the State Code allows a locality to adopt an ordil).ance to require a <br />property owner to correct a "bawdy place." A bawdy place is defined as any place or <br />building, which is used for lewdness or prostitution. The locality must prepare an <br />affidavit citing the existence of the bawdy house and the owner of the property must be <br />given written notice to abate and a copy of the affidavit. Ifthe owner fails to abate the <br />bawdy house the locality can do so and the cost of abatement is chargeable to the owner <br />of the property. A lien can be placed against the property to recover such costs and such <br />lien has the same priority as unpaid local taxes. <br /> <br />Drug Activity as Nuisance <br />Section 18.2-258 of the State Code provides that any structure, vehicle, aircraft or vessel <br />that is frequented with the knowledge of the owner, operator, lessor, tenant, or manager <br />by persons under the influence of drugs, or for possessing, manufacturing, or distributing <br />drugs is a "common nuisance." A person who knowingly permits, keeps or maintains a <br />common nuisance is guilty of a class 1 misdemeanor. A second or subsequent offense is a <br />class 6 felony. After holding a hearing the court is authorized to close the premises. <br />Also, this section allows the owner to seek the immediate termination of a rental <br />agreement for a tenant violator. The section further provides for the forfeiture of the <br />property in certain instances. <br /> <br />Illegal Bars, Speakeasies <br />Section 4.1-317 ofthe State Code provides that "all houses, boathouses, buildings, club <br />or fraternity or lodge rooms, boats, cars and places of every description where alcoholic <br />beverages are manufactured, stored, sold dispensed, given away or used contrary to Jaw, <br />
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