(a) Remediation by City. If specified corrective actions have not been completed within the time specified in an order of corrective action, the City may have the required corrective actions performed and assess the costs thereof against the owner(s).
(1) After having required corrective actions performed, the City shall serve the real property owner with written notice summarizing all costs and expenses incurred with respect to such actions, which amounts the real property owner shall reimburse to the City.
(2) The City shall have a lien against the subject real property for an amount that reflects all costs incurred by the City for repairing, altering or improving, or vacating and closing, removing or demolishing any dwelling or building. The City may perfect said lien by filing notice of same in the Office of the County Commission of Jefferson County. A copy of the filed notice of lien shall be sent by Certified Mail to the real property owner.
(3) The City may institute a civil action in the Circuit Court of Jefferson County against the owner and/or other responsible party for all costs and expenses incurred by the City with respect to the subject property, including reasonable attorney fees and court costs incurred in the prosecution of the civil action.
(4) Not less than ten (10) days prior to instituting a civil action as provided in this section, the Code Official shall send notice to the Owner by certified mail, return receipt requested, advising the Owner of the Code Official's intention to institute such action.
(5) The notice shall be sent to the most recent address of the Owner in the Office of the Tax Assessor of Jefferson County. If, for any reason, such certified mail is returned without evidence of proper receipt thereof, then in such event, the Code Official shall cause a Class III-0 legal advertisement to be published in a newspaper of general circulation in Jefferson County and post notice on the front door or other conspicuous location on the subject property.
(6) If any Owner desires to contest any demand brought forth pursuant to this section, the Owner may seek relief in the Circuit Court of Jefferson County within thirty (30) days of the order or notice of demand.
(b) Joint Owners. Each person possessing an ownership interest in real property, whether as joint tenants, tenants in common, or as otherwise defined in this ordinance, shall be-jointly and severally liable for all fees and obligations provided for in this article.
(c) General Penalty. Each day for which a violation of any provision of this Ordinance exists shall constitute a separate offense subject to a fine for each first offense of $100.00, for each second offense, $200.00 and for each third and subsequent repeat offense $500.00. Any penalty imposed for a violation of this Article shall constitute a lien against all real estate owned by the person(s) fined in favor of the City of Charles Town, together with a lien for all costs and attorney fees incurred in the enforcement of such lien. Such penalties are exclusive of any registry fees that may have been assessed.
(d) Notices. All notices of violations and orders issued under this Article which are not otherwise specifically provided for in this article shall be Served in accordance with the laws of West Virginia concerning service of process in civil actions and shall be Served on the owner(s), posted on the subject real estate in a conspicuous place and subject to recordation in the Office of the Clerk of the County Commission of Jefferson County among the land books and shall have the effect of a Notice of Lis Pendens against said real estate.
(Ord. 2018-002. Passed 4-17-18.)
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