(a) Vacant and Uninhabitable Structures Declared a Public Nuisance. Structures that are both vacant and uninhabitable are hereby declared Public Nuisances within the meaning of Article 1101 of this Code, provided however, that the provisions of Article 1101 notwithstanding, where it is reasonable and feasible to do so, the Board may Order that corrective action in regard to such structures may be taken under this Article, and further provided, that as an alternative to the corrective actions authorized by this Article, the Board may refer any such property for abatement action by the City Manager and City Council under Article 1101.
(b) Orders of the Board. All orders issued by the Board shall be served in accord with the West Virginia Rules of Civil Procedure, Rule 4, governing service of process of civil actions and posted in a conspicuous place on the subject property.
(c) Building Permits. No building permit shall be issued or renewed with respect to any real property on the Registry of Uninhabitable Properties unless the work authorized by the contemplated building permit will timely rectify all property violations. Provided however, that this Section will not prevent the Board from entering into written agreements-including but not limited to setting benchmarks for work progress-with the property owner, as a condition precedent for the issuance of a permit for remediation, provided that such agreement will further the City's objective for obtaining compliance with this Article. Such agreements are permitted to be administratively issued by Staff for any structure which is on the Vacant Properties Registry.
(d) Owner's Injunctive Relief from Enforcement. An owner(s) subject to any order requiring corrective action may apply to the Circuit Court of Jefferson County for a temporary injunction retraining the enforcement of the Board's order pending final disposition of the cause.
(Ord. 2018-002. Passed 4-17-18.)
Next Doc