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August 28, 2018 <br /> <br />Discussion: <br /> <br /> Chapter 23 of the Portsmouth City Code (particularly Article V) implemented the <br /> <br />prior version of Section 15.2-907 regarding “drug blight”. <br /> <br /> The draft ordinance presented for Council consideration would amend Chapter 23 <br /> <br />of the City Code to track HB 594’s amendments to the Virginia Code. <br /> <br /> Overall, the amendment provides the City another set of tools to address “problem” <br />properties, particularly commercial properties, which are a regular source of crime within <br /> <br />the community. <br /> <br /> The amendments provide that, where there are repeated instances of illegal drug <br />activities, prostitution, or the discharge of firearms on a property, the City will have the <br />right to notify the property owner that corrective action is required to abate the illegal <br />activity. Corrective action may include taking specific actions regarding the property or <br /> <br />changing policies, practices or procedures related to the property. <br /> <br /> The property owner will have 30 days from the receipt of notice (with a possible <br /> <br />additional 30 day extension) to undertake corrective action in good faith. <br /> <br /> If the property owner fails to undertake corrective action in good faith, then after <br />an additional notice the City may (a) in certain circumstances undertake the corrective <br />action itself or (b) file a civil action to obtain a court order either requiring the owner to <br />undertake corrective action or judicially revoking the certificate of occupancy for the <br /> <br />structure on the property. <br /> <br /> Further tracking HB 594, the draft City Code amendment provides that a property <br />owner who undertakes corrective action in good faith but does not successfully abate the <br /> <br />nuisance requiring the corrective action shall not be penalized. <br /> <br /> <br />Financial Impact: <br /> <br /> <br /> None. <br /> <br />Staff Recommends: <br /> <br /> Adoption of ordinance. <br /> <br />Next Steps Following Council Action: <br /> <br /> City staff will work to implement the procedures established by the Code <br />amendment. <br /> <br />Motion by Ms. Lucas-Burke, and seconded by Mr. Clark, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />“ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 OF THE CODE OF THE <br />CITY OF PORTSMOUTH, VIRGINIA (2006) (NUISANCES) BY AMENDING SECTIONS <br />23-1, 23-26, 23-27, AND 23-91 THROUGH 23-95, AND BY ADDING A NEW SECTION <br />23-90, FOR THE PURPOSE OF ADDRESSING CRIMINAL BLIGHT ON REAL <br />PROPERTY.” <br /> <br />Ayes: Clark, Lucas-Burke, Moody, Psimas, Smith, Whitaker, Rowe <br />Nays: None <br /> <br />18 - 336 - Adoption of an ordinance accepting $22,375.40 of federal Asset Forfeiture <br />funds received from the United States Department of Homeland Security and <br />appropriating said amount in the FY 2019 Sheriff’s Asset Forfeiture Fund for use <br />by the Sheriff’s Office. <br /> <br />Background: <br /> <br /> The Portsmouth Sheriff's Office receives Federal Asset Forfeiture Funds from the <br /> <br />division of Customs and Border Patrol of Homeland Security. <br /> <br />Discussion: <br /> <br /> The funds allow the Sheriff's Office to purchase law enforcement equipment, make <br />improvements to the Jail, purchase computer equipment, and other items necessary <br /> <br />within the guidelines set forth in the Equitable Sharing Guide. <br /> <br /> <br /> <br /> <br /> <br /> <br />