(a) Legislative Intent. The City Council finds that there are a number of properties, buildings and dwellings within the City that are unfit for human habitation because of dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities and any other conditions that cause such properties, buildings and dwellings to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare. The City Council further finds that these properties are potentially in violation of existing ordinances designed to protect the health, safety and welfare of the people of the City of Dunbar but that the existing remedial and enforcement options available to the City have not been able to adequately address the issues facing the City with regard to these properties. It is the intent of the City Council that the Property Board serve, as authorized by State law, to permit the City to enforce its ordinances regulating property to protect the health, safety and welfare of the City.
Nothing in this Article shall serve to limit, eliminate, abridge, abolish or impair existing remedies of the City of Dunbar or its officers of agencies relating to the maintenance of property in a safe and sanitary condition, nor shall any portion of this Article be read to require, or preclude, the use of the Property Board when another remedy is available to the City.
(b) Authority Under State Law. The City of Dunbar is authorized under State Law to create and establish the Property Board, established hereby, and to endow the same with the powers and authority set forth in this article. (W.Va. Code §§ 8-12-5(23), (44), (45) and W.Va. Code §8-12-16).
(c) Authorization. The City Council of the City of Dunbar hereby finds that the following ordinances have been enacted by the City Council and that they have been enacted consistent with the authority granted to the City by Sections 8-12-16 and 8-12-5 of the West Virginia Code, as amended. The City Council hereby authorizes the Property Board to act, in conformity with the terms and conditions of this Article and with State law, to enforce the following substantive ordinances of the City of Dunbar:
(1) Chapters 2 and 3 of that certain Ordinance No. 620 "An Ordinance to promote the public health, safety and welfare of residents of the City of Dunbar, and to provide for the removal and abatement of unhealthy, noxious, dangerous and hazardous substances and conditions, at private expense[,]" also known as the Kanawha County Public Nuisance and Property Maintenance Ordinance as adopted by the City of Dunbar by Ordinance No. 620, containing substantive regulations pertaining the maintenance of property to ensure the health, safety and welfare of the public.
(2) Section 1115.02 of the Codified Ordinances of the City of Dunbar, “Care and Maintenance of Property."
(Ord. 673. Passed 8-6-12.)