ARTICLE 1725
Permits and Fees
1725.01   Definitions.
1725.02   Obtaining a permit; displaying permit.
1725.03   Building permit fees.
1725.04   Demolition fees.
1725.05   Sign fees.
1725.06   Inspection; determining permit obtained.
1725.07   Failure to obtain permit; penalties imposed.
1725.08   Inspection of an existing structure.
1725.09   Forms.
1725.10   Severability.
 
CROSS REFERENCES
Building regulation generally-see W.Va. Code§§ 8-12-5 (28),8-12-13 et seq.
Permits for construction or alteration- see W.Va. Code§ 8-12-14
Municipal inspections- see W. Va. Code § 8-12-15
Fees generally-see W.Va. Code§ 8-12-5(55)
 
 
1725.01 DEFINITIONS.
   (a)    "Accessory" shall mean aiding or contributing to; a subordinate or supplemental part.
   (b)    "City" shall mean the City of Dunbar, West Virginia.
   (c)    "Contractor" shall mean any Person who in any capacity, other than as an employee of another, who is a licensed Contractor with the State of West Virginia and currently has general liability insurance who for compensation undertakes, offers to undertake, purports to have the capacity to undertake or submits a bid to construct, renovate, alter, repair, improve or demolish any Structure, or any portion thereof, where the cost of the undertaking is or exceeds $2,500.00 or where the undertaking requires a specialty license from the State of West Virginia. Contractor shall include subcontractors and persons required to obtain a specialty license from the State of West Virginia. Contractor shall not include a Property Owner who personally performs work on the Property Owner's real property. (W. Va. Code § 21-11-3)
   (d)    "Handyman" shall mean any Person who holds a business license with the State of West Virginia and currently has general liability insurance that has contracted with another for compensation to perform alterations, repairs, improvements or other work on any part of a Structure and who is compensated by the Property Owner less than $2,500.00 for each individual job or contract. Handyman shall not include a Property Owner who personally performs work on the Property Owner's real property or persons required to obtain a specialty license from the State of West Virginia.
   (e)   “Natural Person" shall mean an individual human being and not a firm, corporation, association, partnership, limited liability company, limited partnership, public entity or entity of any kind.
   (f)    "Person" shall mean any Natural Person or a firm, trust, corporation, association, partnership, limited liability company, limited partnership, public entity; joint venture or any other kind of entity or enterprise.
   (g)    "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.
   (h)    "Sign" shall mean a display piece used to identify or advertise, among other things, a place of business or a product. Each Sign face shall be regarded as a separate Sign. Sign does not include those Signs that are placed within the City limits on a temporary or short-term basis and are not permanently attached to the earth or affixed to any Structure including but not limited to Signs placed for purposes of real estate sales, yard or garage sales, community events or political campaigns.
   (i)    "Structure" shall mean any building, house or other object made up of a number of parts that was created to be permanently placed on a property. Structure includes but is not limited to shopping centers, warehouses, apartment complexes, garages, bridges and Signs.
(Ord. 692. Passed 5-6-13.)
1725.02 OBTAINING A PERMIT; DISPLAYING PERMIT.
   (a)    Obtaining a Permit. The Property Owner shall obtain a permit from the City Building Inspector, or other authorized agent or officer of the City, prior to any demolition, renovation, construction, alteration, excavation or structural work of any kind being completed on any Structure located within the City. The Property Owner may authorize a Contractor or Handyman to obtain a permit from the City pursuant to this Section 1725.02(a) on behalf of the Property Owner, but such an authorization does not relieve the Property Owner from liability under this Section 1725.02(a).
(Ord. 692. Passed 5-6-13.)
   (b)   Displaying Permit. The Property Owner, or a Contractor or Handyman on behalf of the Property Owner, shall display the permit in an open and obvious unobstructed location visible from the street at the ground floor level until all demolition, renovation, construction, alteration, excavation or structural work is completed.
(Ord. 766. Passed 9-18-17.)
   (c)   Expiration of Permit.
      (1)   All building permits shall expire no later than six months after issuance thereof. However, a permit may be extended for one additional period of six months by the Building Inspector; provided that the work in accordance with the building permit is continuing. Such extension shall be requested in writing by the permittee, which request shall set forth in detail the justification for such action.
      (2)   For each period of extension of a permit in accordance with subsection (c)(1) hereof, the fee shall be twenty-five dollars ($25.00).
      (3)   For major construction projects the permit period shall be set based upon the contracted time for the project plus three (3) months.
      (4)   If further extension are necessary beyond those provided for in subsection (c)(1) hereof, the permittee shall apply for a special permit through the Planning and Zoning Commission, which application shall set forth in detail the justification for such permit. Appropriate public notice shall be given to those property owners surrounding the property in question.
         (Ord. 769. Passed 3-19-16.)
1725.03 BUILDING PERMIT FEES.
   (a)    Building Fee Assessment. There is hereby assessed, and shall be collected, a fee for the issuance of building permits as required by Section 1725.02(a) for the renovation, construction, alteration, excavation, electrical or structural work of any kind being completed on any Structure. The fee required for the issuance of such permits shall be determined by the following schedule:
   $0.00 to $300.00 - No Fee
   $301.00 to $2,500.00 - Fee = $25.00
   $2,501.00 and Over - Fee = 1% of the Permit Amount
   All permit fees shall be rounded up to the next whole dollar. As an example a $25.01 fee would be rounded up to $26.00.
(Ord. 770. Passed 3-19-18.)
 
   (b)    Collection. The City Building Inspector, or other authorized agent or officer of the City, shall be responsible for assessing and collecting ail fees in accordance with the requirements and procedures of this Section.
   (c)    Liability of Property Owner for Building Fees. Consistent with Section 1725.02 (a), the Property Owner shall be liable for all building permit fees assessed under this Section.
(Ord. 692. Passed 5-6-13.)
1725.04 DEMOLITION FEES.
   (a)    Demolition Fee Assessment. There is hereby assessed, and shall be collected, a fee for the issuance of a permit for the demolition of any Structure as follows:
      (1)   A fee of $30.00 shall be imposed for the demolition of an Accessory Structure in which the cost of demolition is to be less than $10,500.01.
      (2)   A fee of $50.00 shall be imposed for the demolition of all other Structures not deemed an Accessory Structure in which the cost of demolition is to be less than $10,500.01.
      (3)   A fee as determined by the building fee schedule in Section 1725.03 shall be imposed for the demolition of any Structure in which the cost of demolition is to be or is to exceed $10,500.001.
   (b)    Collection. The City Building Inspector, or other authorized agent or officer of the City, shall be responsible for assessing and collecting all fees in accordance with the requirements and procedures of this Section.
   (c)    Liability of Property Owner for Demolition Fees. The Property Owner shall be liable to the City for all demolition fees assessed under this Section.
(Ord. 692. Passed 5-6-13.)
1725.05 SIGN FEES.
   (a)    Sign Fee Assessment. In addition to the building permit fee required by Section 1725.03(a) and determined by Section 1725.03, there is hereby assessed, and shall be collected, an additional fee for a permit involving the demolition, renovation, construction, alternation, excavation or structural work of any kind being completed on any Sign located in the City as follows:
      (1)   An additional fee of $0.25 shall be imposed for each square foot of area for a non-electrical Sign.
      (2)   An additional fee of $1.00 shall be imposed for each square foot of area for an electrical Sign which is internally lit from a building or Structure.
      (3)   An additional fee of $0.50 shall be imposed for each square foot of area for a Sign that is illuminated by electrical lighting not located within the Sign itself.
      (4)   If the total additional fee assessed under subsection (1), (2) or (3) of this Section 1725.05(a) does not meet or exceed $20.00 then an additional fee shall be assessed in such amount as may be necessary to bring the total fee assessed under subsection (1), (2) or (3) of this Section 1725.05(a) to a total of $20.00.
 
   (b)    Collection. The City Building Inspector, or other authorized agent or officer of the City, shall be responsible for assessing and collecting all fees in accordance with the requirements and procedures of this Section.
 
   (c)    Liability of Property Owner for Demolition Fees. The Property Owner shall be liable to the City for all Sign fees assessed under this Section.
(Ord. 692. Passed 5-6-13.)
 
Loading...