For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them as follows:
(a) "Code enforcement agency" means the Building Department of the City of Dunbar, a code enforcement department as defined by Title 87 West Virginia Code of State Rules Section 7-2, as it may be amended.
(b) "Code official" means any person employed by the City of Dunbar who has been delegated the authority from the code enforcement agency to conduct property maintenance inspections.
(c) "Owner" or "landowner" means a person who individually or jointly with others:
(1) Has legal title to the property or structure, dwelling, or building, with or without actual possession of the property or structure, dwelling, or building;
(2) Has charge, care or control of the property or structure, dwelling, or building as owner or designated agent of the owner;
(3) Is an executor, administrator, trustee or guardian of the estate of the owner;
(4) Is the designated agent of the owner for the purpose of managing, controlling or collecting rents; or
(5) May lawfully control or direct the management or disposition of the property or structure, dwelling, or building.
(d) "Unsafe, unsanitary, dangerous or detrimental to the public safety or welfare" means:
(1) Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the City of Dunbar as related to the requirements for existing buildings; or
(2) The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress; or
(3) Any portion of a structure, dwelling, or building or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to an extent that it is likely to partially or completely collapse, or to become detached or dislodged; or
(4) Any portion of a structure or building, or any member, appurtenance or ornamental on the exterior that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value; or
(5) The structure, dwelling, or building, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way; or
(6) The structure, dwelling, or building, or any portion, is clearly unsafe for its use; or
(7) The structure, dwelling, or building is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children, becomes a harbor for vagrants, criminals, criminal activity or enables persons to resort to the structure, dwelling, or building for committing a nuisance or an unlawful act; or
(8) Any structure, dwelling, or building constructed, existing or maintained in violation of any specific requirement or prohibition applicable to any structure, dwelling, or building provided by the approved building or fire code of the City of Dunbar or of any law or ordinance that presents either a substantial risk of fire, building collapse or any other threat to life and safety; or
(9) A structure, dwelling, or building, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, contamination by any hazardous substance or material including, but not limited to, substance resulting from the illegal manufacture of drugs, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code enforcement agency to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; or
(10) Any structure, dwelling, or building, because of a lack of sufficient or proper fire resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health; or
(11) Any portion of a building that remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned.
(Ord. 771. Passed 4-2-18.)