(A) Certain properties declared a public nuisance.
(1) (a) Any premises used for the illegal felony possession, storage or delivery of or trafficking in controlled substances is hereby declared to be a public nuisance; provided that, a public nuisance or violation of this subchapter shall be deemed to exist when:
1. Any of the following offenses defined in West Virginia Code are committed, in whole or in part, on the premises: manufacture of a controlled substance, possession of a controlled substance with intent to deliver, delivery of a controlled substance, any felony offense established in W.Va. Code § 61-2-10b committed while under the influence of a controlled substance, any felony offense established under W.Va. Code Ch. 60A while in possession of a firearm, or any felonious assault or battery - whether with or without a deadly weapon - committed while under the influence of an illegal substance; and
2. The premises is used for two or more such offenses or incidents within a 24 consecutive month period.
(b) The provisions of this subchapter shall not be deemed to be applicable to any hospital, clinic or residential drug treatment facility that is either licensed, certified or otherwise subject to supervision or inspection by the state.
(2) Any person who owns, manages or controls any premises and who fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to division (B) below within the 30-day period following the notice, or within any other agreed upon period, shall be guilty of a misdemeanor as provided in division (B) below and subject to a fine according to the schedule set forth in § 90.99 of this chapter.
(3) Upon the commission of any act specified in division (A)(1) above, the city will notify the owner of the premises upon which the act or acts were committed, in writing, that an act triggering potential designation of the premises as a public nuisance occurred on the premises.
(B) Order of abatement.
(1) The Chief of Police, City Manager, Zoning Enforcement Officer or designee may bring an action to abate a public nuisance described by this subchapter in the city’s Municipal Court by filing a complaint therein. Such complaint shall identify with specificity the premises alleged to be a public nuisance, the activity occurring thereupon which constitutes a violation under division (A) above, and the frequency with which said activity has occurred upon the premises. Upon the filing of a complaint, the Municipal Court shall serve written notice of process upon each owner of the premises, his or her tenants or any residents of the premises if known, and shall post a conspicuous notice on the front door of any dwelling located upon the premises that a complaint has been filed pursuant to this subchapter, and identifying the date and time of any hearing on the complaint scheduled by the Municipal Court. For purposes of service of process, compliance with the requirements of this subchapter shall establish sufficient notice for the Municipal Court to hear the complaint and render an order of liability under this subchapter. The Municipal Court shall deem the premises a public nuisance if the complaining officer establishes by a preponderance of the evidence that the premises was used in the commission of those activities set forth in division (A) above.
(2) Upon a finding by the Municipal Court that the premises is a public nuisance under this subchapter, the Municipal Court shall issue an order of abatement requiring the defendants to take measures reasonably calculated to prevent the recurrence of the illegal activity.
(3) The Municipal Court may issue a search warrant to the Chief of Police, City Engineer or representative of the city to ensure compliance with the order of abatement or any other order of the Municipal Court issued pursuant to this subchapter.
(4) If any person in control of any premises deemed a public nuisance under this subchapter, to whom an order of abatement is issued under this subchapter, fails to implement the directives of the order of abatement within 30 days of its issuance, that person is guilty of a misdemeanor and is subject to the penalty established in § 90.99 of this chapter.
(5) Any person in control of any premises whereupon any person engages in manufacture of a controlled substance, possession of a controlled substance with intent to deliver, delivery of a controlled substance, any felony offense established in W.Va. Code § 61-2-10b committed while under the influence of a controlled substance, or any felony offense established under W.Va. Code Ch. 60A while in possession of a firearm is guilty of a misdemeanor if he or she knew or was willfully ignorant of such offenses being committed on the premises and took no action to prevent or abate such activity, or participated in such activity, and is subject to the penalty established in § 90.99 of this chapter.
(Ord. passed 12-9-2019) Penalty, see § 90.99