Criminal Blight ordinance now in effect in Botetourt

Botetourt’s new Criminal Blight ordinace: fix- it or pay up

Got a secret strip club? Maybe a tenant is at odds with the law, running an illegal drug joint?

The Board of Supervisors at its December 2020 meeting approved a new nuisance ordinance to deal with such activities. Known as “criminal blight,” the ordinance addresses commercial sex acts, controlled substances, and repeated acts of the malicious discharge of a firearm within any building or dwelling.

The ordinance is a result of meetings between representatives of the Sheriff’s Office, the Commonwealth’s Attorney, and Community Development departments to discuss ways to deal with criminal activity, drug use, zoning, and trash that tends to concentrate around certain properties within the county.

This is property that endangers the public health or safety of residents of a community because of the regular presence on the property of persons under the influence of controlled substances, the regular use of the property for illegally possessing, manufacturing, or distributing controlled substances, the regular use of the property for the purpose of engaging in commercial sex acts, or repeated acts of the malicious discharge of a firearm within a building or dwelling.

The new ordinance allows the county to enforce corrective action when such activities are occurring. This means the property owners, even for tenant dwellings, are liable for costs incurred in abating criminal blight on the property. If the county takes corrective action, such as removal, repair, or securing any building, wall or other structure, the owner would become liable for the cost. Additionally, landowners are expected to change specific policies and procedures to stop the criminal blight on their property.

Owners who do not repay the county may find their property has had a lien placed against it for the amount owed.

However, the county would consider the criminal blight abated if the owner proceeds to terminate the activity immediately. If a tenant is the cause of the criminal blight, the owner must initiate legal action against the tenant and actively pursue the action in court either to remedy the noncompliance or to terminate the tenancy. Doing so would bring the owner in compliance with this new ordinance.

                                                            — Anita Firebaugh, Special to The Botetourt Bee