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(a) The Code Official shall refuse to issue or renew a Residential Rental License for any Dwelling Unit if any of the following conditions are found to exist:
(1) The Dwelling or Dwelling Unit does not comply with the terms and conditions of any current Residential Rental License;
(2) The Dwelling or Dwelling Unit is a Structure Unfit for Human Occupancy;
(3) The structure is a Unsafe Structure or the Dwelling Unit is in violation of the Code;
(4) The Dwelling or Dwelling Unit contains or is served by Unsafe Equipment;
(5) The Dwelling or Dwelling Unit is a Nuisance or has a history of Nuisance;
(6) The Dwelling or Dwelling Unit has a history of non-compliance with Codes regarding maximum occupancy;
(7) The Owner or Operator has an outstanding balance, owed to the City, related to Business and Occupation Taxes;
(8) The Owner or Operator has an outstanding balance, owed to the City, related to other municipal service fees;
(9) The Owner or Operator has failed to pay any required fees or penalties under this Article.
(b) The Code Official may revoke the current Residential Rental License of a Dwelling Unit according to the terms of this Article if the Code Official determines:
(1) The Dwelling or Dwelling Unit is in a Structure Unfit for Human Occupancy;
(2) The Dwelling Unit is in an Unsafe Structure or the Dwelling Unit is in violation of the Code;
(3) The Dwelling Unit relies on or utilizes Unsafe Equipment, whether or not located within the Dwelling Unit;
(4) The Owner or Operator is delinquent in the payment of Business and Occupation Taxes or any other applicable municipal service fees;
(5) The Owner fails to pay any fees required by this Article or penalties imposed by this Article.
(c) If an Owner or Dwelling Unit fails to comply with any requirements of this Article resulting in the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, or if the provisions of any applicable Code that result in the a determination of Structure Unfit for Human Occupancy, Unsafe Structure, or Unsafe Equipment, then the Code Official shall notify the Owner or Operator in writing of the deficiencies within ten (10) days of the determination.
(d) In the event of the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall have thirty (30) days from the date the notice required under subsection (c) of this section was issued, to take corrective action and schedule a subsequent inspection by the Code Official. The notice required by this section shall explain this corrective deadline. In the event of re-inspection that is required as a result of a notice of non-compliance under this Section 1101.05, the Owner shall pay a fee of fifty dollars ($50.00) per Dwelling Unit subject to re-inspection, which fees shall be utilized by the City to offset the costs of the enforcement of this Article.
(e) In the event that the Owner or Operator has failed to correct, within the thirty day corrective period, the circumstances leading to the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall not be issued a Residential Rental License or a renewal thereof and may have any existing Residential Rental License revoked. The Owner may be subject to penalties under this Article until such time as the Owner shall reapply having updated, repaired or otherwise brought the subject Dwelling or Dwelling Unit into compliance with this Article and applicable Codes and had a Residential Rental License issued.
(Ord. 669. Passed 5-7-12.)
(a) Any notice required or provided for under this Article shall:
(1) Be in writing;
(2) Include a description of the Dwelling Unit(s) to which the violation pertains, sufficient for identification;
(3) Include a statement of the specific violation( s) and why the notice is being issued;
(4) For violations of the Code or those that may be corrected through the work of the Owner, include a correction order setting forth the specific repairs and improvements to be performed and the time in which the repairs and improvements required to bring the Dwelling or Dwelling Unit into compliance with this Article are to be performed;
(5) Inform the Owner of the rights to the Owner to appeal any determination of the City under which he, she or it is aggrieved.
(b) Any notice required under this Article shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified mail addressed to the last known physical address of the Owner or Operator;
(3) Sent by certified mail addressed to the Owner according to the ad valorem tax records of Kanawha County, West Virginia.
(c) In the event that service of notice under subsection (b) of this section fails or is returned, after ten (10) business of the failure of service, the notice may be posted in a conspicuous place in or about the Dwelling or Dwelling Unit affected by the notice. Such posting of notice shall constitute adequate service.
(Ord. 669. Passed 5-7-12.)
A Residential Rental License may not be transferred, sold, conveyed, devised, inherited, escheat, be foreclosed upon or otherwise pass from one Person to another Person. In the case of a licensed Dwelling or Dwelling Unit that is sold or transferred, or when a new Dwelling or Dwelling Unit is constructed, the new Owner shall seek a Residential Rental License for the Dwelling purchased, acquired or constructed. Failure of the new Owner to seek a Residential Rental License for the Dwelling within sixty (60) days of the date of sale or transfer of ownership, or the date of the completion of construction, constitutes a violation of this Article and shall result in penalties as provided in this Article.
(Ord. 669. Passed 5-7-12.)
(a) This Article shall not apply to:
(1) Hospitals, nursing homes, congregate care facilities, group homes, half way houses, assisted living facilities or other properties used for habitation that are subject to County, State or Federal licensing and inspection (inspections of these facilities must ensure compliance with the Code in order for the facility to be exempt from this Article);
(2) Dwelling Units where a parent, parent-in-law, adult child or relative of the Owner remains in occupancy and no net income is earned by the Owner;
(3) All property owned by the City of Dunbar, Kanawha County, the Charleston-Kanawha Housing Authority, the State of West Virginia or the United States of America;
(4) Hotels, Motels, and other transient residences;
(5) Foster homes;
(6) Homeless shelters;
(7) Residential facilities owned, operated or managed by or for the benefit of a hospital, or by or for the benefit of any affiliate or supporting organization of a hospital, providing housing exclusively for students, trainees, interns or residents in medical, nursing, medical technologist or other allied health care fields; and
(8) On-campus residential facilities owned, operated or managed by an accredited college or university.
(Ord. 669. Passed 5-7-12.)
(a) On and after the Effective date of this Article it shall be a violation of this Article for any Owner or Operator to permit any Person to reside in or occupy for Residential purposes, any Dwelling Unit that does not have a current Residential Rental License issued by the City in accordance with the terms of this Article, whether such failure results from any failure to issue such license or a revocation of the same. Each month that the Owner or Operator violates this sub-section (a) shall constitute a separate violation. Each violation hereof shall result in a fine of not more than five hundred dollars ($500.00) per Dwelling Unit. Notwithstanding the foregoing any Dwelling Unit for which proper application has been made under this Article, but the decision by the Code Official on the issuance or denial of a Residential Rental License for that Dwelling Unit has not yet been made, shall not be subject to penalty hereunder.
(b) It shall be a violation of this Article for any Owner or Operator to fail to apply for a Residential Rental License, for each Dwelling Unit owned by the Owner, by the thirtieth (30th) day following the Effective date of this Article. Each Dwelling Unit owned by the Owner for which the Owner fails to comply with this subsection (b) shall constitute a separate violation and shall result in a fine against the Owner of not more than five hundred dollars ($500.00).
(c) Any Owner who violates any other provision of this Article may be fined not more than $500.00, per violation, provided that any Owner who is informed by notice delivered under the terms of this Article of violation(s) of this Article shall be deemed to be continuing to violate the provisions hereof ten days after the tenth day after the date on which notice was sent by the Code Official. Continuing violations under this Article shall be subject to fine of not more than five hundred dollars ($500.00) per violation, per day.
(d) The City of Dunbar, acting through its officers, may bring an action in the Circuit Court of Kanawha County to enforce any penalty imposed by this Article.
(Ord. 669. Passed 5-7-12.)
Any Person aggrieved by any decision of the Code Official may appeal to the Municipal Court of the City of Dunbar by filing a notice with the Municipal Court seeking an appeal within ninety (90) days of the date of the adverse determination of the Code Official. The Municipal Court shall resolve the appeal and shall issue a decision in writing. Subsequent appeals may be had in the Circuit Court of Kanawha County by filing an appeal with the Circuit Court within thirty (30) days of a final determination by the Municipal Court.
(Ord. 669. Passed 5-7-12.)
(a) The Code Official shall have the authority to promulgate and adopt rules, procedures and forms for the interpretation and enforcement of this Article. Any such rules shall be effective upon their adoption by the City Council.
(b) The rules and procedures shall be on file at the City Clerk's Office, and in any other location deemed administratively desirable by the Code Official or the City Clerk including but not limited to electronic availability. Any rules, procedures or forms associated with this Article shall be provided to any Person upon request and to any applicant for a Residential Rental License upon a request for an application.
(Ord. 669. Passed 5-7-12.)
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