{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-907.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-907.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-907.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-907.html"}],"law_id":85083,"edition_id":1,"section_id":85083,"structure_id":13288,"section_number":"15.2-907","catch_line":"Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use or other criminal activity","history":"1994, c. 701, \u00a7 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.","full_text":"A\n\nAs used in this section:\n\t\t\t“Affidavit” means the affidavit sworn to under oath prepared by a locality in accordance with subdivision B 1 a.\n\t\t\t“Commercial sex acts” means any specific activities that would constitute a criminal act under Article 3 (§ 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.\n\t\t\t“Controlled substance” means illegally obtained controlled substances or marijuana, as defined in § 54.1-3401.\n\t\t\t“Corrective action” 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.\n\t\t\t“Criminal blight” 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 (§ 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.\n\t\t\t“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.\n\t\t\t“Owner” means the record owner of real property.\n\t\t\t“Property” means real property.B\n\nAny locality may, by ordinance, provide that:1\n\nThe 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:\n\t\t\t\ta. 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’s health, safety, or welfare.\n\t\t\t\tb. 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’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.\n\t\t\t\tc. 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\n\nIf 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\n\nEvery 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 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.4\n\nA criminal blight proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction in the Commonwealth.C\n\nIf 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\n\nNothing 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 (§ 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.","order_by":null,"text":{"0":{"id":304946,"text":"As used in this section:\n\t\t\t“Affidavit” means the affidavit sworn to under oath prepared by a locality in accordance with subdivision B 1 a.\n\t\t\t“Commercial sex acts” means any specific activities that would constitute a criminal act under Article 3 (§ 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.\n\t\t\t“Controlled substance” means illegally obtained controlled substances or marijuana, as defined in § 54.1-3401.\n\t\t\t“Corrective action” 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.\n\t\t\t“Criminal blight” 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 (§ 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.\n\t\t\t“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.\n\t\t\t“Owner” means the record owner of real property.\n\t\t\t“Property” means real property.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304947,"text":"Any locality may, by ordinance, provide that:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":304948,"text":"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:\n\t\t\t\ta. 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’s health, safety, or welfare.\n\t\t\t\tb. 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’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.\n\t\t\t\tc. 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.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":304949,"text":"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.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":304950,"text":"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 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of Title 58.1.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":304951,"text":"A criminal blight proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction in the Commonwealth.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":304952,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":304953,"text":"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 (§ 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13288,"edition_id":1,"name":"Public Health and Safety; Nuisances","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13058,"metadata":{},"date_created":"2026-06-26 03:44:34","date_modified":"2026-06-26 03:44:34","permalink":{"id":156359,"object_type":"structure","relational_id":13288,"identifier":"1","token":"15.2\/II\/9\/1","url":"\/15.2\/II\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13058,"edition_id":1,"name":"General Powers of Local Governments","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":156357,"object_type":"structure","relational_id":13058,"identifier":"9","token":"15.2\/II\/9","url":"\/15.2\/II\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81812,"structure_id":13288,"section_number":"15.2-900","catch_line":"Abatement or removal of nuisances by localities; recovery of costs","url":"\/15.2-900\/","token":"15.2\/II\/9\/1\/15.2-900","metadata":false},{"id":69383,"structure_id":13288,"section_number":"15.2-901","catch_line":"Locality may provide for removal or disposal of trash and clutter, cutting of grass, weeds, and running bamboo; penalty in certain counties; penalty","url":"\/15.2-901\/","token":"15.2\/II\/9\/1\/15.2-901","metadata":false},{"id":84118,"structure_id":13288,"section_number":"15.2-901.1","catch_line":"Locality may provide for control of running bamboo; civil penalty","url":"\/15.2-901.1\/","token":"15.2\/II\/9\/1\/15.2-901.1","metadata":false},{"id":83896,"structure_id":13288,"section_number":"15.2-902","catch_line":"Authority of locality to control certain noxious weeds","url":"\/15.2-902\/","token":"15.2\/II\/9\/1\/15.2-902","metadata":false},{"id":72183,"structure_id":13288,"section_number":"15.2-903","catch_line":"Ordinances taxing and regulating \"automobile graveyards,\" \"junkyards,\" and certain vacant and abandoned property","url":"\/15.2-903\/","token":"15.2\/II\/9\/1\/15.2-903","metadata":false},{"id":64391,"structure_id":13288,"section_number":"15.2-904","catch_line":"Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles; penalty","url":"\/15.2-904\/","token":"15.2\/II\/9\/1\/15.2-904","metadata":false},{"id":61931,"structure_id":13288,"section_number":"15.2-905","catch_line":"Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; removal of such vehicles","url":"\/15.2-905\/","token":"15.2\/II\/9\/1\/15.2-905","metadata":false},{"id":73739,"structure_id":13288,"section_number":"15.2-906","catch_line":"Authority to require removal, repair, etc., of buildings and other structures","url":"\/15.2-906\/","token":"15.2\/II\/9\/1\/15.2-906","metadata":false},{"id":60153,"structure_id":13288,"section_number":"15.2-906.1","catch_line":"Expired","url":"\/15.2-906.1\/","token":"15.2\/II\/9\/1\/15.2-906.1","metadata":false},{"id":85083,"structure_id":13288,"section_number":"15.2-907","catch_line":"Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use or other criminal activity","url":"\/15.2-907\/","token":"15.2\/II\/9\/1\/15.2-907","metadata":false},{"id":62717,"structure_id":13288,"section_number":"15.2-907.1","catch_line":"Authority to require removal, repair, etc., of buildings that are declared to be derelict; 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civil penalty","url":"\/15.2-926.4\/","token":"15.2\/II\/9\/1\/15.2-926.4","metadata":false}],"previous_section":{"id":60153,"structure_id":13288,"section_number":"15.2-906.1","catch_line":"Expired","url":"\/15.2-906.1\/","token":"15.2\/II\/9\/1\/15.2-906.1","metadata":false},"next_section":{"id":62717,"structure_id":13288,"section_number":"15.2-907.1","catch_line":"Authority to require removal, repair, etc., of buildings that are declared to be derelict; civil penalty","url":"\/15.2-907.1\/","token":"15.2\/II\/9\/1\/15.2-907.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-907\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 701<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 587<\/a>; in 2011, chapters 384<\/a> and 410<\/a>; in 2014, chapters 674<\/a> and 719<\/a>; in 2017, chapters 118<\/a> and 610<\/a>; in 2018, chapters 335<\/a> and 805<\/a>; in 2020, chapter 122<\/a>.<\/p>","references":[{"id":83910,"section_number":"15.2-1127","catch_line":"Vacant building registration; civil penalty","order_by":null,"url":"\/15.2-1127\/"},{"id":70850,"section_number":"58.1-3965","catch_line":"When land may be sold for delinquent taxes; notice of sale; owner's right of redemption","order_by":null,"url":"\/58.1-3965\/"}],"refers_to":[{"id":67218,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","order_by":null,"url":"\/15.2-2200\/"},{"id":62694,"section_number":"18.2-279","catch_line":"Discharging firearms or missiles within or at building or dwelling house; penalty","order_by":null,"url":"\/18.2-279\/"},{"id":79810,"section_number":"18.2-346","catch_line":"Prostitution; commercial sexual conduct; penalties","order_by":null,"url":"\/18.2-346\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"},{"id":72311,"section_number":"58.1-3940","catch_line":"Limitation on collection of local taxes","order_by":null,"url":"\/58.1-3940\/"},{"id":70850,"section_number":"58.1-3965","catch_line":"When land may be sold for delinquent taxes; notice of sale; owner's right of redemption","order_by":null,"url":"\/58.1-3965\/"}],"permalink":{"id":156397,"object_type":"law","relational_id":85083,"identifier":"15.2-907","token":"15.2\/II\/9\/1\/15.2-907","url":"\/15.2-907\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-907\/","token":"15.2\/II\/9\/1\/15.2-907","dublin_core":{"Title":"Authority to require removal, repair, etc., of buildings and other structures harboring illegal drug use or other criminal activity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-907","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Affidavit<\/span>” means the affidavit<\/span> sworn to under oath<\/span> prepared by a locality<\/span> in accordance with subdivision B 1 a.\n\t\t\t“Commercial sex acts<\/span>” means any specific activities that would constitute a criminal act under Article 3 (§ 18.2-346<\/a> et seq.) of Chapter 8 of Title 18.2 or a substantially similar local ordinance<\/span> if a criminal charge were to be filed against the individual perpetrator of such criminal activity.\n\t\t\t“Controlled substance<\/span>” means illegally obtained controlled substances<\/span> or marijuana, as defined in § 54.1-3401<\/a>.\n\t\t\t“Corrective action<\/span>” means (i) taking specific actions with respect to the buildings or structures on property<\/span> that are reasonably expected to abate criminal blight<\/span> on such real property<\/span>, 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<\/span> owner<\/span> that are reasonably expected to abate criminal blight<\/span> on real property<\/span>. A local law<\/span>-enforcement official<\/span> shall prepare an affidavit<\/span> on behalf of the locality<\/span> that states specific actions to be taken on the part of the property<\/span> owner<\/span> that the locality<\/span> determines are necessary to abate the identified criminal blight<\/span> on such real property<\/span> and that do not impose an undue financial burden on the owner<\/span>.\n\t\t\t“Criminal blight<\/span>” means a condition existing on real property<\/span> that endangers the public health or safety of residents of a locality<\/span> and is caused by (i) the regular presence on the property<\/span> of persons in possession<\/span> or under the influence of controlled substances<\/span>; (ii) the regular use of the property<\/span> for the purpose of illegally possessing, manufacturing, or distributing controlled substances<\/span>; (iii) the regular use of the property<\/span> for the purpose of engaging in commercial sex acts<\/span>; or (iv) the discharge of a firearm that would constitute a criminal act under Article 4 (§ 18.2-279<\/a> et seq.) of Chapter 7 of Title 18.2 or a substantially similar local ordinance<\/span> if a criminal charge were to be filed against the individual perpetrator of such criminal activity.\n\t\t\t“Law<\/span>-enforcement official<\/span>” means an official designated to enforce criminal laws<\/span> within a locality<\/span>, or an agent of such law<\/span>-enforcement official<\/span>. The law<\/span>-enforcement official<\/span> shall coordinate with the building or fire code official of the locality<\/span> as otherwise provided under applicable laws<\/span> and regulations.\n\t\t\t“Owner<\/span>” means the record owner<\/span> of real property<\/span>.\n\t\t\t“Property<\/span>” means real property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any locality<\/span> may, by ordinance<\/span>, provide that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The locality<\/span> may require the owner<\/span> of real property<\/span> to undertake corrective action<\/span>, or the locality<\/span> may undertake corrective action<\/span>, with respect to such property<\/span> in accordance with the procedures described herein:\n\t\t\t\ta. The locality<\/span> shall execute an affidavit<\/span>, citing this section, to the effect that (i) criminal blight<\/span> exists on the property<\/span> and in the manner described therein; (ii) the locality<\/span> has used diligence without effect to abate the criminal blight<\/span>; and (iii) the criminal blight<\/span> constitutes a present threat to the public’s health, safety, or welfare.\n\t\t\t\tb. The locality<\/span> shall then send a notice to the owner<\/span> of the property<\/span>, 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<\/span> on the locality<\/span>’s assessment records for the property<\/span>, together with a copy of such affidavit<\/span>, advising that (a) the owner<\/span> has up to 30 days from the date thereof to undertake corrective action<\/span> to abate the criminal blight<\/span> described in such affidavit<\/span> and (b) the locality<\/span> will, if requested to do so, assist the owner<\/span> in determining and coordinating the appropriate corrective action<\/span> to abate the criminal blight<\/span> described in such affidavit<\/span>. If the owner<\/span> notifies the locality<\/span> in writing within the 30-day period that additional time to complete the corrective action<\/span> is needed, the locality<\/span> shall allow such owner<\/span> an extension for an additional 30-day period to take such corrective action<\/span>.\n\t\t\t\tc. If no corrective action<\/span> is undertaken during such 30-day period, or during the extension if such extension is granted by the locality<\/span>, the locality<\/span> shall send by certified mail, return receipt requested, an additional notice to the owner<\/span> of the property<\/span>, at the address stated in subdivision b, stating (i) the date on which the locality<\/span> may commence corrective action<\/span> to abate the criminal blight<\/span> on the property<\/span> or (ii) the date on which the locality<\/span> may commence legal action in a court of competent jurisdiction<\/span> to obtain a court order<\/span> to require that the owner<\/span> take such corrective action<\/span> or, if the owner<\/span> does not take corrective action<\/span>, a court order<\/span> to revoke the certificate of occupancy for such property<\/span>, 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<\/span> contemplated to be taken by the locality<\/span>. Upon receipt of such notice, the owner<\/span> shall have a right, upon reasonable notice to the locality<\/span>, to seek judicial relief, and the locality<\/span> shall initiate no corrective action<\/span> while a proper petition<\/span> for relief is pending before a court of competent jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the locality<\/span> undertakes corrective action<\/span> with respect to the property<\/span> after complying with the provisions of subdivision 1, the costs and expenses thereof shall be chargeable to and paid by the owner<\/span> of such property<\/span> and may be collected by the locality<\/span> as taxes are collected. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Every charge authorized by this section with which the owner<\/span> of any such property<\/span> has been assessed and that remains unpaid shall constitute a lien<\/span> against such property<\/span> with the same priority as liens<\/span> for unpaid local real estate taxes and enforceable in the same manner as provided in Articles 3 (§ 58.1-3940<\/a> et seq.) and 4 (§ 58.1-3965<\/a> et seq.) of Chapter 39 of Title 58.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A criminal blight<\/span> proceeding pursuant to this section shall be a civil proceeding in a court of competent jurisdiction<\/span> in the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the owner<\/span> of real property<\/span> takes timely corrective action<\/span> pursuant to the provisions of a local ordinance<\/span>, the locality<\/span> shall deem the criminal blight<\/span> abated, shall close the proceeding without any charge or cost to the owner<\/span>, and shall promptly provide written notice to the owner<\/span> that the proceeding has been terminated satisfactorily. The closing of a proceeding shall not bar the locality<\/span> from initiating a subsequent proceeding if the criminal blight<\/span> recurs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall be construed to abridge, diminish, limit, or waive<\/span> any rights or remedies of an owner<\/span> of property<\/span> at law<\/span> or any permits or nonconforming rights the owner<\/span> may have under Chapter 22 (§ 15.2-2200<\/a> et seq.) or under a local ordinance<\/span>. If an owner<\/span> in good faith takes corrective action<\/span>, and despite having taken such action, the specific criminal blight<\/span> identified in the affidavit<\/span> of the locality<\/span> persists, such owner<\/span> 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<\/span> on such property<\/span> and the owner<\/span> in good faith initiates legal action and pursues the same by requesting a final order<\/span> by a court of competent jurisdiction<\/span>, as otherwise authorized by this Code, against such tenant to remedy such noncompliance or to terminate the tenancy, such owner<\/span> shall be deemed in compliance with this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF BUILDINGS AND OTHER STRUCTURES\nHARBORING ILLEGAL DRUG USE OR OTHER CRIMINAL ACTIVITY (\u00a7 15.2-907)\n\nA. As used in this section:\n\t\t\t“Affidavit” means the affidavit sworn to under oath prepared by a\nlocality in accordance with subdivision B 1 a.\n\t\t\t“Commercial sex acts” means any specific activities that would\nconstitute a criminal act under Article 3 (§ 18.2-346 et seq.) of Chapter 8\nof Title 18.2 or a substantially similar local ordinance if a criminal charge\nwere to be filed against the individual perpetrator of such criminal activity.\n\t\t\t“Controlled substance” means illegally obtained controlled\nsubstances or marijuana, as defined in § 54.1-3401.\n\t\t\t“Corrective action” means (i) taking specific actions with\nrespect to the buildings or structures on property that are reasonably expected\nto abate criminal blight on such real property, including the removal, repair,\nor securing of any building, wall, or other structure, or (ii) changing specific\npolicies, practices, and procedures of the real property owner that are\nreasonably expected to abate criminal blight on real property. A local\nlaw-enforcement official shall prepare an affidavit on behalf of the locality\nthat states specific actions to be taken on the part of the property owner that\nthe locality determines are necessary to abate the identified criminal blight on\nsuch real property and that do not impose an undue financial burden on the\nowner.\n\t\t\t“Criminal blight” means a condition existing on real property\nthat endangers the public health or safety of residents of a locality and is\ncaused by (i) the regular presence on the property of persons in possession or\nunder the influence of controlled substances; (ii) the regular use of the\nproperty for the purpose of illegally possessing, manufacturing, or distributing\ncontrolled substances; (iii) the regular use of the property for the purpose of\nengaging in commercial sex acts; or (iv) the discharge of a firearm that would\nconstitute a criminal act under Article 4 (§ 18.2-279 et seq.) of Chapter 7\nof Title 18.2 or a substantially similar local ordinance if a criminal charge\nwere to be filed against the individual perpetrator of such criminal activity.\n\t\t\t“Law-enforcement official” means an official designated to\nenforce criminal laws within a locality, or an agent of such law-enforcement\nofficial. The law-enforcement official shall coordinate with the building or\nfire code official of the locality as otherwise provided under applicable laws\nand regulations.\n\t\t\t“Owner” means the record owner of real property.\n\t\t\t“Property” means real property.\n\nB. Any locality may, by ordinance, provide that:\n\n 1. The locality may require the owner of real property to undertake corrective\n action, or the locality may undertake corrective action, with respect to such\n property in accordance with the procedures described herein:\n \t\t\t\ta. The locality shall execute an affidavit, citing this section, to the\n effect that (i) criminal blight exists on the property and in the manner\n described therein; (ii) the locality has used diligence without effect to\n abate the criminal blight; and (iii) the criminal blight constitutes a present\n threat to the public’s health, safety, or welfare.\n \t\t\t\tb. The locality shall then send a notice to the owner of the property, to\n be sent by (i) certified mail, return receipt requested; (ii) hand delivery;\n or (iii) overnight delivery by a commercial service or the United States\n Postal Service, to the last address listed for the owner on the\n locality’s assessment records for the property, together with a copy of\n such affidavit, advising that (a) the owner has up to 30 days from the date\n thereof to undertake corrective action to abate the criminal blight described\n in such affidavit and (b) the locality will, if requested to do so, assist the\n owner in determining and coordinating the appropriate corrective action to\n abate the criminal blight described in such affidavit. If the owner notifies\n the locality in writing within the 30-day period that additional time to\n complete the corrective action is needed, the locality shall allow such owner\n an extension for an additional 30-day period to take such corrective action.\n \t\t\t\tc. If no corrective action is undertaken during such 30-day period, or\n during the extension if such extension is granted by the locality, the\n locality shall send by certified mail, return receipt requested, an additional\n notice to the owner of the property, at the address stated in subdivision b,\n stating (i) the date on which the locality may commence corrective action to\n abate the criminal blight on the property or (ii) the date on which the\n locality may commence legal action in a court of competent jurisdiction to\n obtain a court order to require that the owner take such corrective action or,\n if the owner does not take corrective action, a court order to revoke the\n certificate of occupancy for such property, which date shall be no earlier\n than 15 days after the date of mailing of the notice. Such additional notice\n shall also reasonably describe the corrective action contemplated to be taken\n by the locality. Upon receipt of such notice, the owner shall have a right,\n upon reasonable notice to the locality, to seek judicial relief, and the\n locality shall initiate no corrective action while a proper petition for\n relief is pending before a court of competent jurisdiction.\n\n 2. If the locality undertakes corrective action with respect to the property\n after complying with the provisions of subdivision 1, the costs and expenses\n thereof shall be chargeable to and paid by the owner of such property and may\n be collected by the locality as taxes are collected.\n\n 3. Every charge authorized by this section with which the owner of any such\n property has been assessed and that remains unpaid shall constitute a lien\n against such property with the same priority as liens for unpaid local real\n estate taxes and enforceable in the same manner as provided in Articles 3\n (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et seq.) of Chapter 39 of\n Title 58.1.\n\n 4. A criminal blight proceeding pursuant to this section shall be a civil\n proceeding in a court of competent jurisdiction in the Commonwealth.\n\nC. If the owner of real property takes timely corrective action pursuant to the\nprovisions of a local ordinance, the locality shall deem the criminal blight\nabated, shall close the proceeding without any charge or cost to the owner, and\nshall promptly provide written notice to the owner that the proceeding has been\nterminated satisfactorily. The closing of a proceeding shall not bar the\nlocality from initiating a subsequent proceeding if the criminal blight recurs.\n\nD. Nothing in this section shall be construed to abridge, diminish, limit, or\nwaive any rights or remedies of an owner of property at law or any permits or\nnonconforming rights the owner may have under Chapter 22 (§ 15.2-2200 et\nseq.) or under a local ordinance. If an owner in good faith takes corrective\naction, and despite having taken such action, the specific criminal blight\nidentified in the affidavit of the locality persists, such owner shall be deemed\nin compliance with this section. Further, if a tenant in a rental dwelling unit,\nor a tenant on a manufactured home lot, is the cause of criminal blight on such\nproperty and the owner in good faith initiates legal action and pursues the same\nby requesting a final order by a court of competent jurisdiction, as otherwise\nauthorized by this Code, against such tenant to remedy such noncompliance or to\nterminate the tenancy, such owner shall be deemed in compliance with this\nsection.\n\nHISTORY: 1994, c. 701, \u00a7 15.1-11.2:1; 1997, c. 587; 2011, cc. 384, 410; 2014,\ncc. 674, 719; 2017, cc. 118, 610; 2018, cc. 335, 805; 2020, c. 122; 2021, Sp.\nSess. I, c. 186.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}