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(a) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases, provided the code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(b) Alternative Materials, Methods and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(c) Required Testing. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
(1) Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures.
(2) Testing agency. All tests shall be performed by an approved agency.
(3) Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records.
(d) Material and Equipment Reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
(Ord. 620. Passed 9-5-06.)
(a) Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
(b) Notice of Violation. The code official shall serve a notice of violation or order in accordance with Section 1777.08
.
(c) Prosecution of Violation. Any person failing to comply with a notice of violation or order served in accordance with Section 1777.08
shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense and subject to the penalties of West Virginia State Code Chapter 17-23-9. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(d) Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by West Virginia State Code Chapter 17-23-9. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The City of Dunbar has the right to abate the nuisance and recover costs of abatement with respect to the property owner.
(e) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 620. Passed 9-5-06.)
(a) Notice to Owner or to Person or Persons Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible therefore in the manner prescribed in subsection (b) and (c) hereof. Notices for condemnation procedures shall also comply with Section 1777.09
(c).
(b) Form. Such notice prescribed in subsection (a) hereof shall be in accordance with all of the following:
(1) Be in writing.
(2) Include a description of the real estate sufficient for identification.
(3) Include a statement of the violation or violations and why the notice is being issued.
(4) Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
(5) Inform the property owner of the right to appeal.
(c) Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified or first-class mail addressed to the last known address; or
(3) If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
(d) Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 1777.07
(d).
(e) Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 620. Passed 9-5-06.)
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