When used in this article, the following capitalized words and phrases shall have the meanings indicated:
(a) "Alternative Means of Service" means, when service of notice or process under this Article is required to be made by Certified Mail but cannot be obtained, service of the notice or process by all of the following: (i) regular U.S. mail addressed as specified in subsections (i) or (ii) of the definition of Certified Mail; (ii) publication as a Class II legal advertisement (as defined in W. Va. Code § 59-3-2); and (iii) posting on the front door or other conspicuous location on the subject Building. Service of notice or process by Alternative Means of Service shall be deemed made on the third (3rd) day following the earliest date on which such mailing, publishing, and posting have all occurred.
(b) "Building" means a structure having a roof supported by walls or columns that stands more or less permanently in one place and is utilized or intended for the shelter, housing, or enclosure of persons, animals, or personal property.
(d) "Certified Mail" means U.S. certified mail, return receipt requested, addressed to: (i) in all cases except where a Non-resident Owner has designated a Local Agent pursuant to Section 1759.03(c) of this Article, the name and last known address of the Owner according to the records of the Jefferson County Tax Office; and (ii) in the case where a Non-resident Owner has designated a Local Agent pursuant to Section 1759.03(c) of this Article, the name and address of the designated Local Agent. Service of notice or process by Certified Mail shall be deemed made upon delivery, as evidenced by the return receipt.
(e) "Non-resident Owner" means an Owner of a Vacant Building whose legal residence is outside the State of West Virginia.
(f) "Owner" means a person who individually or jointly with others:
(1) Has legal title to the property, with or without actual possession of the property;
(2) Has charge, care or control of the property as owner or agent of the owner;
(3) Is an executor, administrator, trustee, or guardian of the estate of the owner;
(4) Is the agent of the owner for the purpose of managing, controlling, or collecting rents; or
(5) Is entitled to control or direct the management or disposition of the property.
(g) "Staff" means the Vacant Buildings Official and any of his or her staff or other City employees to which the Vacant Buildings Official delegates duties.
(h) "Vacant Building" means any residential Building that has not been occupied lawfully as a residence, or any non-residential Building that has not been occupied lawfully for its ordinary expected use, during the immediately preceding six (6) consecutive months or, in the case of seasonal Buildings, such as vacation homes, one (1) year.
(1) Occupancy will be determined by the status and use of the utilities, property condition, and similar factors, including, but not limited to, the following:
A. A Building shall not be considered occupied merely due to entry for purposes not consistent with its ordinary expected use.
B. A Building that is unsecured and occupied by one or more unauthorized persons shall not be considered occupied lawfully for purposes of the above definition.
(2) Notwithstanding anything to the contrary above, the following shall not be considered a Vacant Building:
A. A new Building under construction while a building permit for the construction is issued, the work is proceeding on schedule with appropriate inspection requests, and the permit is unexpired.
(3) When this Article refers to a Vacant Building with respect to filing a lien thereon, or registering the same in the Vacant Buildings Registry, or otherwise as the context requires, such reference shall include the real property upon which the Vacant Building is located.
(i) "Vacant Buildings Official" means the City Building Official designated under Article 1705 of the Codified Ordinances.
(Ord. 2024-004. Passed 5-6-24.)
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