Loading...
(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.)
(a) The Code Official or any designee or employee charged with the enforcement of this Article, acting on behalf of the City in good faith and without malice, in the discharge of his or her duties, shall not thereby render himself or herself personally liable and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act or omission required or permitted in the discharge of his or her duties. Any suit brought against the Code Official, designee or employee, because of such act or omission performed by him or her in the enforcement of any provision of this Article, shall be defended by the City's legal counsel until the final determination of the proceedings.
(b) The City and the Code Official, including any and all designees, employees and agents thereof, shall have the maximum immunity provided for under W.Va. Code § 29-12A-1 et seq.
(Ord. 669. Passed 5-7-12.)
The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Article but they shall remain in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part.
(Ord. 669. Passed 5-7-12.)
(a) Nothing in this Article is intended to bar, preclude or affect the right of the Owner to pursue judicial or extrajudicial relief against a Tenant.
(b) Nothing in this Article is intended to interfere with any right of Owners and Tenants to enter into lawful contracts with one another.
(c) Nothing in this Article shall be construed as creating any private right of action in any party, other than the City of Dunbar as provided for by this Article, to enforce the terms and requirements of this Article.
(Ord. 669. Passed 5-7-12.)
Loading...