§ 21-216. Affidavit and notice requirements.

In addition to enforcement procedures established elsewhere, the city manager is authorized to undertake corrective action with respect to a bawdy place on real property in accordance with the procedures described herein.

(a)

The city manager or the city manager's designee shall execute an affidavit, citing section 15.2-908.1, Code of Virginia, and this article, and affirming that a bawdy place exists on certain property in the manner described therein; that the city has used due diligence without effect to abate the bawdy place; and that the bawdy place constitutes a present threat to the public's health, safety or welfare. A present threat to the public's health, safety and welfare is defined as the regular presence on the property of persons who engage in aid or give any information or direction to any person with the intent to enable such person to commit acts of lewdness, assignation or prostitution.

(b)

The city manger shall submit the affidavit to the city attorney requesting that the last known owner of the property be notified by regular mail sent to the last known address as it appears in the assessment records of the city. The notice and a copy of the affidavit shall advise the owner that the owner has up to thirty (30) days from the date thereof to undertake corrective action to abate the bawdy place described in the affidavit and, that if requested to do so, the city will assist the owner in determining and coordinating the appropriate corrective action to abate the bawdy place described in the affidavit.

(Ord. No. 37250, § 1, 11-21-05)

(Ord. No. 37250, § 1, 11-21-05)