(a) Findings. The Property Board may issue findings that a particular Property or Dwelling is in violation of the Property Articles and is unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in or on any Property or Dwelling, which would cause such Dwelling or Property or any buildings located thereon to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare. (W.Va. Code § 8-12-16(a)). The findings shall state with specificity which portion of the Property Articles have been violated.
(b) Orders. The Property Board, having issued written findings that include a determination of a violation of the Property Articles as permitted under subsection (a) of this section, may issue a written order to the Property Owner to repair, alter, improve, vacate, close, remove or demolish, or any combination thereof, any Property or Dwelling, or any building, fixture, naturally occurring formation, manmade formation, refuse collection or other hazard located thereon in such a manner as to bring the same into compliance with those portions of the Property Articles that have been found to be violated. Such Orders, issued by the Board, shall state with specificity (i) the violation of the City Ordinance that the Property Board is authorized to enforce and the hazard to public safety that such violation creates, (ii) the minimum remedial requirements to abate such violation and hazard, and (iii) the date after which the City may enter the Property or Dwelling to enforce the Order, pursuant to this Article, to correct the violation. Each Order shall also state that the Property Owner may contact the City Building Inspector upon completion of the ordered work to inspect and certify that the Order of the Board was carried out. (W.Va. Code§ 8-12-16(a)).
(c) Service of Orders. All Orders issued by the Board shall be served on the Property Owner in accordance with the law of this State concerning the service of process in civil actions, and, be posted in a conspicuous place on the Property or Dwelling affected by the Order.
(W.Va. Code§ 8-12-16(i)).
(d) Costs of Remedies. The Property Owners of any Property or Dwelling, if more than one, shall be jointly and severally liable for the costs of implementing any remedy ordered by the Board pursuant to subsection (b) of this section. (W.Va. Code§ 8-12-16(d)).
(e) Appeal. If the Property Owner desires to contest any Order of the Board brought forth pursuant to this Article, the Property Owner may seek relief in a court of competent jurisdiction including the Circuit Court of Kanawha County, West Virginia.
(W.Va. Code§ 8-12-16(h)).
(f) Injunctive Relief. If any Property or Dwelling is under Order of the Board, the Property Owner, or any other party with proper standing may apply to the circuit court of Kanawha County for a temporary injunction restraining the City from enforcing the Order pending the final disposition of the cause. (W.Va. Code§ 8-12-16(i-j); Ord. 673. Passed 8-6-12.)