(a) Declaration of Public Nuisance.
(1) The accumulation of Rubbish within the City of Dunbar encourages the presence of vermin, snakes, rodents, insects, noxious odors, disease and pestilence. Where the accumulation of Rubbish occurs on any Developed Property and within 150 feet of a public street or right of way, such Rubbish accumulation is hereby declared to be a public nuisance and a threat to the public health and safety.
(2) Grass or weeds nine (9) inches or greater on any Property located within the City of Dunbar encourages the presence of vermin, snakes, rodents, insects, disease and pestilence. Grass or weeds nine (9) inches or greater within 150 feet of a public street or right of way and on any Developed Property is hereby declared to be a public nuisance and a threat to the public health and safety.
(b) Definitions. As used in this section:
(1) “Rubbish" shall mean discarded, disorganized or unkempt personal property, debris, waste, or trash which is located on the Property and is not in compliance with the existing lawful use of the property and may include, but is not limited to, used car parts, discarded food, discarded packaging, opened or festering garbage not stored in a suitable garbage bin, uncontained recyclables, litter, discarded cardboard, discarded lumber, wood scrap, metal or other material and discarded building or construction materials. Rubbish shall not include personal property that is to be used subject to a construction permit issued by the City of Dunbar.
(2) "Property" shall mean any lot, parcel or tract of real property or any right or interest in real property that is identifiable of record with the office of the Assessor of Kanawha County, West Virginia, situate within the limits of the City of Dunbar.
(3) "Property Owner" shall mean that person or persons, irrespective of the number, assessed as the owner of the Property by the Assessor of Kanawha County, West Virginia.
(4) "Developed" shall mean improved or enhanced Property that is the site of one or more structures intended for human occupancy or occupation. Developed Property shall not include Property that is used exclusively for agricultural purposes.
(5) "Notice Address" shall mean the mailing address maintained by the Assessor of Kanawha County in connection with the ad valorem tax tickets assigned to a Property.
(6) "Emergency" shall mean any unforeseen, sudden or unexpected circumstance that calls for immediate action by the City to avoid imminent injury or damage to public health, safety and welfare.
(c) Prohibition.
(1) No Property Owner of Property located within the City of Dunbar shall permit or suffer Rubbish of any kind to accumulate and remain upon the Property within 150 feet of a public street or right of way.
(2) No Property Owner of Property located within the City of Dunbar shall permit grass or weeds thereon to grow in excess of nine (9) inches in height within 150 feet of a public street or right of way.
(d) Notice. Upon determination of a violation of this Section 1115.02
by the City Building Inspector or his agent, the City shall cause notice to be delivered to the Notice Address of the Property Owner, by certified mail, return receipt requested. If for any reason such certified mail is returned without evidence of proper receipt thereof, then the City Building Inspector or his authorized agent shall post notice at a conspicuous location on the Property.
(e) Form of Notice. Whenever, under the requirements of this section, notice is to be delivered, the notice shall include at least the following information:
(1) Identification of the Property by its common street address or tax map and parcel number as identified by the Office of the Assessor of Kanawha County;
(2) A statement of the alleged violation;
(Ord. 672. Passed 8-6-12.)
(3) A timeframe, of no greater than one week, seven (7) days, in which the Property Owner has to cure the violation; and
(Ord. 768. Passed 9-18-17.)
(4) A statement that, should the Property Owner not cure the violation(s) within the set time the City shall have the authority to abate the violation or use any and all remedies authorized under the City's ordinances against the Property Owner, including those authorized under this Section 1115.02
.
(f) Failure to Cure Violation(s). Any Property Owner who violates the provisions of Section 1115.02(d) and (e) shall be subject to a fine to be determined by the municipal judge, not to exceed five hundred dollars ($500.00) for each violation.
(g) Emergency. If the City Building Inspector or his authorized agent determines that immediate action by the City of its agents or contractors is necessary to abate a nuisance as described in this Section 1115.02
to protect the public health and safety, the City is authorized and empowered to enter upon the property for the limited purpose of abating the nuisance either before or after having issued the notice required by this Section 1115.02
. (W.Va. Code § 8-12-5(23)).
(h) Other Remedies Not Precluded. Nothing in this section shall preclude the use of any and all other remedies the City is authorized to apply under law, including but not limited to those powers conferred upon the City pursuant to West Virginia Code §§ 8-12-5, 8-11-1 and 8-12-16.
(i) Severability. The provisions of this Section are declared to be severable, and if any subsection, sentence, clause or phrase of this Section shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining subsections, sentences, clauses and phrases of this Section but they shall remain in effect, it being the legislative intent that this Section shall stand notwithstanding the invalidity of any part.
(Ord. 672. Passed 8-6-12.)