(a) Purpose. It is the purpose of this section to protect the public health, safety and welfare of the Citizens of the City of St. Albans; to aid in the protection of property values; and to dissuade illegal drug activity within the City.
(b) Illegal Activity in Houses.
(1) Definitions.
A. As contained within this section, "illegal controlled substances" shall mean any substance illegal as defined by Title XXI, Chapter 13 of the United States Code.
B. "Property" means any real estate on which a hotel, rental property, residential structure, apartment complex, apartment building or apartment is affixed; including that which is affixed, incidental to, or appurtenant to, the real estate.
C. "Property Owner" means the owner of record of any tract or parcel of real estate within the City of St. Albans, as reflected by the records maintained in the Office of the Clerk of the County Commission of Kanawha County, West Virginia, and may also include the Grantee or Transferee of any interest in any real estate situated within the City of St. Albans by an owner financed sale evidenced by written agreement, such as a Land Contract.
D. "Rental Property" means any commercial or residential structure which is offered or used in whole or in part, for residential or commercial purposes and for which monetary or other type of remuneration is received.
E. "Residential Structure" means any structure occupied by the actual property owner or by any person or persons related thereto by blood, marriage or adoption and where no remuneration is received in exchange for residing at said structure.
F. "Operator" means any person, whether an owner, tenant, possessor, or any agent, partner, officer or employee, in possession and control of property.
G. "Property" means any business, establishment, building, vehicle, home, structure or other property, together with the land surrounding the property.
(2) It shall be unlawful for any person to knowingly or intentionally store, possess, deliver or engage in the trafficking of illegal controlled substances or other drug activities, or illicit activities such as prostitution, or other gang-related activities, or to lease to, rent to, manage or control any place, whether permanently or temporarily, either as an owner, lessor, lessee, agent, employee, occupant, or mortgagee, or knowingly or intentionally rent, lease, profit from or make available for use, with or without compensation, any building or location within the City of St. Albans, West Virginia where illegal manufacturing, storing, distributing or using illegally controlled substances occurs.
(c) Penalties. Any person who violates this section of the City Code shall be sentenced to a term of imprisonment of not more than thirty (30) days; or a fine of not more than one thousand dollars ($1,000.00), or both.
(d) Additional Remedies. The City of St. Albans may also file a civil action against any person violating this section to seek relief for civil damages as well as injunctive relief. Such civil damages may include, but are not limited to, cleaning, razing, protecting the neighborhood, and attorney fees incurred, in obtaining such relief.
(Ord. 2023-09. Passed 11-20-23.)
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