                                 CODE OF VIRGINIA

AUTHORITY TO REQUIRE REMOVAL, REPAIR, ETC., OF BUILDINGS AND OTHER STRUCTURES
HARBORING A BAWDY PLACE (§ 15.2-908.1)

A. As used in this section:
			&#8220;Affidavit&#8221; means the affidavit prepared by a locality in
accordance with subdivision B 1 a hereof.
			&#8220;Bawdy place&#8221; means the same as that term is defined in &#xA7;
18.2-347.
			&#8220;Corrective action&#8221; means the taking of steps which are
reasonably expected to be effective to abate a bawdy place on real property,
such as removal, repair or securing of any building, wall or other structure.
			&#8220;Owner&#8221; means the record owner of real property.
			&#8220;Property&#8221; means real property.

B. The governing body of any locality may, by ordinance, provide that:

   1. The locality may undertake corrective action with respect to property in
   accordance with the procedures described herein:
   				a. The locality shall execute an affidavit, citing this section, to the
   effect that (i) a bawdy place exists on the property and in the manner
   described therein; (ii) the locality has used diligence without effect to
   abate the bawdy place; and (iii) the bawdy place 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 regular mail 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 (i) the owner has up to thirty days from the
   date thereof to undertake corrective action to abate the bawdy place described
   in such affidavit and (ii) the locality will, if requested to do so, assist
   the owner in determining and coordinating the appropriate corrective action to
   abate the bawdy place described in such affidavit.
   				c. If no corrective action is undertaken during such thirty-day period,
   the locality shall send by regular mail an additional notice to the owner of
   the property, at the address stated in the preceding subdivision, stating the
   date on which the locality may commence corrective action to abate the bawdy
   place on the property, which date shall be no earlier than fifteen 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 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 and levies are collected.

   3. Every charge authorized by this section with which the owner of any such
   property has been assessed and which 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.

C. If the owner of such property takes timely corrective action pursuant to such
ordinance, the locality shall deem the bawdy place 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 bawdy place recurs.

D. Nothing in this section shall be construed to abridge or waive any rights or
remedies of an owner of property at law or in equity.

HISTORY: 1997, c. 498, § 15.1-11.2:3; 2017, cc. 118, 610.