The proposed bill aims to combat drug-related nuisances in West Virginia by establishing a new article in the state code that details the procedures for filing complaints, defines key terms, and outlines court jurisdiction. It highlights the impact of the drug crisis on communities, emphasizing the need for property owners to take responsibility for preventing drug-related activities. The bill defines "drug-related nuisance" and specifies who can file actions to abate such nuisances, including prosecuting attorneys, tenants, and community organizations. It also mandates the submission of supporting affidavits from nearby residents when filing complaints.

Furthermore, the bill introduces civil and criminal penalties for property owners who neglect to address drug-related issues, allowing for preliminary injunctions, restraining orders, and civil penalties. Courts are granted broad powers to impose remedies, such as assessing damages and ordering property clean-up. The legislation also outlines specific factors for courts to consider when making orders related to nuisances, permits the appointment of a receiver to sell property furnishings, and allows for tenant eviction in the same proceeding. Additional provisions include penalties for violations of court orders, mechanisms for suspending abatement orders, and the potential for awarding attorney fees to defendants in cases deemed to be brought in bad faith.

Statutes affected:
Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8, 55-22-9, 55-22-10, 55-22-11, 55-22-12, 55-22-13, 55-22-14, 55-22-15, 55-22-16