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As a first step toward application of Va. Code § 18.2-258, the City sent the owners of the Redwood a notice on July 7, 2000:
July 7, 2000
VIA CERTIFIED AND FIRST-CLASS MAIL
Frank and Viola Woelfl
4508 Haymarket Lane
Richmond, Virginia 23234RE: 3916 Chamberlayne Avenue
Dear Mr. and Ms. Woelfl:
According to the City of Richmond Real Estate Assessor's Office, you are listed as the owner/manager of the property listed as 3916 Chamberlayne Avenue.
The Richmond Police Department has received numerous complaints from local residents regarding alleged illegal activity occurring on your property located at 3916 Chamberlayne Avenue. Records maintained by the Richmond Division of Emergency Communications indicate that the City has received 292 calls for police service to the above address from January 1998 to April 2000. The Richmond Police Department has made 75 arrests on your property since June 5, 1999.
On May 12, 2000, members of the Richmond Police Department Narcotics Unit executed a search warrant at the above-listed location. Subsequent to the execution of that warrant, the following person(s) were arrested and charged with violations of Richmond City Ordinances/Virginia State Code:
Tonette Parker
Additionally, the following was recovered at that location:
Unit #12: 5 grams cocaine
Unit #5: 5 grams of cocaineOn April 4, 2000, members of the Richmond Police Department Narcotics Unit executed a separate search warrant at the above-listed location, and the following was recovered at that location:
Unit #5: 1.5 ounces of cocaine, and firearms
You are hereby advised that under Virginia Code § 18.2-258, it is a Class 1 misdemeanor for property owners to knowingly maintain property on which illegal drug activity is taking place. Subsequent offenses of this same crime are a Class 6 felony. The pertinent sections of § 18.2-258 are as follows:
Any office, store, shop, restaurant, dance hall, theater, poolroom, clubhouse, storehouse, warehouse, dwelling house, apartment, building of any kind, vehicle, vessel, boat, or aircraft, which with the knowledge of the owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant thereof, is frequented by persons under the influence of illegally obtained controlled substances or marijuana, as defined in § 54.1-3401, or for the purpose of illegally obtaining possession of, manufacturing or distributing controlled substances or marijuana, or is used for the illegal possession, manufacture or distribution of controlled substances or marijuana, shall be deemed a common nuisance.
Any such owner, lessor, agent of any such lessor, manager, chief executive officer, operator, or tenant who knowingly permits, establishes, keeps or maintains such a common nuisance is guilty of a Class 1 misdemeanor and, for a second or subsequent offense, a Class 6 felony. In addition, after due notice and opportunity to be heard on the part of any owner, lessor or a lien holder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful proposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in § 18.2-258.01.
Please note that your receipt of this letter shows that you have knowledge of illegal drug activity taking place on the property. You may wish to take advantage of Virginia Code § 55-248.31, which provides, in part:
Notwithstanding anything to the contrary contained elsewhere in this chapter, when a breach of the tenant's obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act, which is not remediable and which poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises. The initial hearing on the landlord's action for immediate possession of the premises shall be held within fifteen calendar days from the date of service on the tenant; however, the court shall order an earlier hearing when emergency conditions are alleged to exist upon the premises which constitute an immediate threat to the health or safety of the other tenants.
Should you have any questions with regard to the aforementioned State Code sections, it is suggested that you consult with either a real estate attorney, or your local magistrate. Any other questions related to this issue may be directed to Captain David R. Haywood or to Lt. Phillip Mangano at (804) 646-8123, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
Sincerely,
Colonel Jerry Oliver
Chief
Richmond Police Departmentcc: Camille Sabbakhan,
Assistant City AttorneyCapt. David Haywood
Richmond Police DepartmentCapt. Paul Kiniry
Richmond Police DepartmentLt. Phillip Mangano
Richmond Police Department
Last updated 02/24/02
Please send questions or comments to John
Butcher