(a) Enforcing the Order. Provided that the City is not subject to an injunction, stay or other lawful order of a court of competent jurisdiction, after offering the Property Owner a reasonable opportunity, of not less than twenty-one (21) days following the date that an Order of the Property Board is served on the Property Owner pursuant to the terms of this Article, the City may enter onto the Property or into the Dwelling that is the subject of the Order for the purpose of instituting the remedial action required by the Order of the Property Board to correct the violation of the ordinance leading to the Order. The City may repair, alter, improve, vacate, close, remove or demolish the entirety, or portions, of the Property or Dwelling to abate the hazard to public health as described in the Order and bring the Property or Dwelling into compliance with the Order of the Property Board and the ordinance of the City of Dunbar. The Property Owner shall be liable for the costs of such repairs or work pursuant to the Order of the Board and is subject to the collection methods set forth in this section.
(W.Va. Code § 8-12-15).
(W.Va. Code § 8-12-15).
(b) City's Lien Against Property. The City may file a lien against the real property associated with any Property or Dwelling that is the subject of an Order of the Board for an amount that reflects all costs incurred by the City for repairing, altering or improving, or of vacating and closing, removing or demolishing any Dwelling or Property or any building, fixture, naturally occurring formation, manmade formation, refuse collection or other hazard located thereon as required by the Order. (W.Va. Code § 8-12-16(e)(l)).
(c) City's Civil Action. The City may file a civil action in a court of competent jurisdiction against the Property Owner for all costs, including reasonable attorneys' fees and costs and court costs, incurred by the City enforcing an Order with respect to the Property or Dwelling or any building, fixture, naturally occurring formation, manmade formation, refuse collection or other hazard located thereon, provided, that not less than ten days prior to instituting a civil action as provided for in this section, the governing body of the City shall send notice to the Property Owner advising the same of the City's intention to institute such action.
(W.Va. Code §§ 8-12-16(e)(2); 12(f);Ord. 673. Passed 8-6-12.)