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Here is the Bill of Complaint provided by Assistant City Attorney Lukanuski as filed on August 6, 1999.  (Scanned in.  Please blame any errors on the OCR, not Mr. Lukanuski.)

V I R G I N I A:

CITY OF RICHMOND,
        Plaintiff,

v.                                                                                    Chancery No.:

and

BARBARA TRACY BOURNE,
     

     The City of Richmond, by counsel, respectfully represents as follows:

1.  Defendants, at all times herein mentioned, were and are the owners in possession and control of a residence located in the City of Richmond, Virginia, described as 1603 Claremont Avenue ("the residence").

2. The residence is in state of disrepair including, but not limited to, exterior walls which contain numerous holes, breaks, and loose or rotting materials; exterior paint which is severely flaking and chipping; and roof drainage which is not properly maintained resulting in damage to the walls.

COUNT 1

3. Because of the residence's state of disrepair, it is in violation of the Virginia Uniform Statewide Building Code. The City of Richmond duly served a notice in writing by which defendants were informed that the residence is in violation of the Virginia Uniform Statewide Building Code, and demanding that they repair, but the defendants have failed to do so.

4. The City of Richmond has no adequate remedy at law, as it would of necessity be forced to expend expense in the prosecution of many and frequent judicial actions.

COUNT 2

5. The neglected condition of the residence is a direct and proximate cause of injury to the City of Richmond. Its appearance and unoccupied condition contribute to blight in the City. Its causes the sale and rental values of surrounding properties to be depreciated, which correspondingly decreases the City's property tax revenues. Additionally, the residence detracts from the aesthetic quality of the neighborhood and the City as a whole.

6. The City of Richmond has no adequate remedy at law, and unless defendants are restrained from continuing the neglected condition of the residence the City will continue to suffer irreparable damage in that the negative effects resulting from the residence are of a continuing nature causing damage to occur at numerous intervals and over a long period of time, and the City would of necessity be forced to expend expense in the prosecution of many and frequent judicial actions, and for the abatement of the negative effects resulting from the residence.

WHEREFORE, the City of Richmond prays that the Court order defendants to make all repairs necessary to the property so that it is not in violation of applicable maintenance codes; that the City be allowed its costs and reasonable attorney's fees for conducting this suit; and that the Court grant to the City such other and further relief as may be appropriate.

CITY OF RICHMOND


By:___________________
            Counsel

Gregory A. Lukanuski, Esquire
Assistant City Attorney
Office of the City Attorney
900 East Broad Street, Suite 300
Richmond, Virginia 23219
(804) 646-7940 telephone
(804) 646-6653 facsimile
Counsel for the City of Richmond

 

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