(a) Liability of Owner. Any Owner of a Vacant Building shall be liable to the City for said Vacant Building registration fees or fines imposed pursuant to this Article. Should a Vacant Building have multiple Owners, they shall be jointly and severally liable for said Vacant Building registration fees or fines assessed and imposed under this Article.
(b) Remedies of City. For the purpose of collecting delinquent Vacant Building registration fees or fines assessed under this Article, the City may impose the following remedies:
(1) Lien Against Real Property. The City shall have a lien upon the Property on which a Vacant Building is situated, any improvements thereon and any appurtenances thereunto belonging, and upon the interest of the Owner therein, to secure the payment of any fines or fees due, owing or imposed under this Article. The City, acting through its officers, may file a notice of lien with the Clerk of the County Commission of Kanawha County, against such Property in a form sufficient to be recorded and provide notice of the City's lien as described in this Section and provided for by state law. The officers of the City are further hereby authorized to extend liens, file necessary notices and take all other actions to preserve the liens of the City under this Section to continue to encumber the Property until paid.
(2) Civil Action. The City, acting through its officers, may bring a civil action in the Circuit Court of Kanawha County, West Virginia to:
A. Enforce payment and collection of delinquent Vacant Building registration fees or fines assessed under this Article; or
B. Seek the judicially ordered sale of the Property to satisfy its lien.
(c) Vacant Building Registration Fund. The City shall deposit all Vacant Building registration fees or fines collected under this Article into a separate account. The City shall use such funds to improve public safety efforts, including for police and fire personnel; monitor and administer this Article; and repair, close or demolish a Vacant Building as authorized by West Virginia Code § 8-12-16 and in accordance with Article 134 of the Codified Ordinances of the City, as amended, which pertains to the establishment and authority of the City Property Board.
(Ord. 690. Passed 2-19-13.)