New ordinance bans criminal blight
The Fairfax County Board of Supervisors approved an amendment to the County Code to establish regulations for curbing “criminal blight.”
While regular blight has to do with the neglect of a property, criminal blight refers to specific actions that occur on the property.
A property that endangers the public and safety of residents can be designated as a “criminal blight” when:
- there’s a regular presence of persons in possession of or under the influence of illegal drugs;
- the property is used for manufacturing or distributing illegal drugs;
- the property is used for prostitution; or
- there’s been the discharge of firearms on the property.
The ordinance, approved on Sept. 15. takes effect on Oct. 1.
The ordinance “allows the police department, in coordination with the county attorney’s office, to address recurrent patterns of criminal activity on a property more efficiently and effectively.”
After a property is identified as being a criminal blight, a notice and affidavit will be sent to the property owner describing corrective action that must be taken within 30 days. An owner’s request for an additional 30 days must be approved.
The remedial strategy could be developed with the assistance of the Department of Code Compliance, the fire marshal, the building code official, and other county agencies.
If the owner takes no action in response to the notice, the police will send a second notice stating the date on which the county will begin corrective action on its own initiative, obtain a court order requiring the owner to take corrective action, or obtain a court order revoking the certificate of occupancy for the property.
If the county must undertake the corrective action itself, the costs will be charged to the owner and may be assessed as a lien.
The county regulations on criminal blight conform with a similar provision in the Code of Virginia.
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