(a) An owner of a vacant structure required to register said structure may apply for a waiver from the requirement to pay the registration fee set forth in Section 1730.07 on the following types of vacant structures:
(1) A Vacant structure that has been vacant for less than two years, has an open, valid building permit, and is undergoing renovation to effect compliance with current standards and codes. Said exemption period lasts for the duration of the renovation period and (1) year after completion or expiration of the valid building permit. Duration of permits for renovation and vacant properties shall not exceed six (6) consecutive months and may be granted upon written request an additional six {6) months for completion.
(2) A vacant structure in which the owner is able to establish good cause as to why the owner is unable to occupy the building for a determinant amount of time. To establish "good cause," the owner shall submit in writing to the Code Official for determination the following: the reason for good cause and the length of time the owner is requesting a waiver. Such length of time shall not be "indeterminate" or "unknown" and such a request is subject to immediate denial. Examples of good cause include, but are not limited to, that the owner is:
A. In the process of demolition, rehabilitation, or other substantial repair of the vacant building;
B. Actively attempting to sell or lease the property during the vacancy period;
C. Holding the property in a vacant state due to litigation, such as an ownership dispute;
D. Holding the property in a vacant state due to planned, future occupancy; or
E. Holding the property in a vacant state for a temporary period due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature.
(b) Retroactive Right to Refund. If an owner of a vacant structure has been assessed a registration fee within two years of the effective date of this Section 1730.07.01, and believes that the vacant structure falls within an exception to payment of the registration fee set forth in section (a) herein, then such owner may apply, within six (6) months of such effective date, for a refund of such registration fee.
(c) No Exception to Registration. Nothing in this section shall excuse an owner of a vacant structure from registering such structure with the Office of Code Enforcement of the City.
(d) Waiver Application. The owner's application for waiver should be directed to the Code Official.
(e) Within thirty (30) days, or as soon thereafter as possible, after the waiver application is received the Code Official or his designee shall grant or deny the waiver, or request for extension, in writing, and give notice of the written decision by mail to the owner. If the owner properly submitted an application for a waiver or request for extension to the Code Official or his designee, and the Code Official or his designee rendered a decision which the owner seeks to appeal to the Building Code Appeals Board, the owner must file an application in writing no later than thirty (30) calendar days from the date of the Code Official or his designee's decision. Building Code Appeals Board shall either grant or deny the appeal. Thereafter the decision of the Building Code Appeals Board is final unless within thirty (30) days of such decision the owner appeals such decision to the Circuit Court of Harrison County.
(e) Any person aggrieved by the requirements of this article may seek an administrative appeal to the Code Appeals Board pursuant to Section 1712.04 hereof. Provided that any fine imposed shall be heard by the Municipal Court. Any person aggrieved by a final decision issued under this section by the Code Appeals Board and/or municipal court, may seek relief to the Circuit Court of Harrison County, West Virginia as provided by the laws of the State of West Virginia.
(Ord. 20-24. Passed 8-6-20.)