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(A) (1) When in the course of the inspection required under this subchapter, violations are discovered on the premises which do not affect the habitability or safety of a rental dwelling, such violations shall be cited in accordance with the administrative provisions of the applicable code or ordinance.
(2) Such violations shall not be construed as grounds to withhold or revoke the certificate of use and occupancy.
(B) (1) Where conditions exist which affect the habitability of the dwelling but which do not pose an imminent hazard to the occupants, a certificate of use and occupancy shall be issued along with a notice of violation.
(2) The notice of violation shall be in writing, shall be served to the owner or agent, shall contain a description of the property sufficient for identification, and shall include:
(a) A statement of the reasonable time for which it was issued;
(b) A correction order specifying repairs to be made;
(c) A reasonable time not to exceed 60 days following the issuance of the notice of violation in which repairs are to be completed; and
(d) A statement of the owners right of appeal.
(3) The owner shall, within the time period specified in the notice of violation, correct all deficiencies cited in violation of the International Building Code and city codes. The certificate of use and occupancy shall be revoked and a notice to vacate issued if the dwelling unit is not in compliance within the time specified in the notice of violation. However, the Code Official may, upon written request, extend the period for compliance where the work has been delayed despite good-faith efforts to comply and where such extension presents no immediate threat to the health or safety of the occupants of the dwelling unit or other units or properties. A notice of violation shall not be construed to verify substandard housing except where conditions exist which require the vacation of the dwelling or dwelling unit.
(C) (1) Where violations are found which, in the judgment of the Code Official, are sufficient to withhold or revoke the certificate of use and occupancy, the Code Official shall issue a notice to vacate.
(2) The notice to vacate shall:
(a) Be in writing;
(b) Be served to the owner or owner’s agent;
(c) Contain a description of the property sufficient for identification;
(d) State the reasons therefor;
(e) Include a copy of any relevant notice of violation; and
(f) Include notification of the owners right of appeal.
(D) Nothing in this subchapter shall be construed to prevent the Code Official from ordering the immediate vacation of any dwelling or dwelling unit where violations are discovered which pose an imminent threat to the health or safety of the occupants. Appeal shall not stay an order to vacate under such conditions.
(E) Occupancy of any rental dwelling unit in violation of a notice to vacate shall subject the owner/agent and/or the occupants to the penalties prescribed in § 150.999.
(Ord. 097, passed - -2009; Ord. 171, passed 10-17-2013) Penalty, see § 150.999
(A) (1) Any property owner or agent shall have the right to appeal to the Board of Zoning Appeals from a decision of the Code Official where it is alleged that the intent of this subchapter or the codes referenced herein have been incorrectly interpreted, the provisions of this subchapter do not fully apply, or an equivalent remedy to any violation may be employed.
(2) Such appeal shall be submitted to the Code Official within 20 days of receipt of the notice of violation. Except where conditions warrant immediate vacation of the dwelling, such appeal shall stay all action on the part of the code official in furtherance of the notice of violation from which the appeal was taken.
(B) Where a violation of the City Building Code is cited in a notice of violation, appeal shall be to the Board of Zoning Appeals.
(Ord. 097, passed - -2009; Ord. 171, passed 10-17-2013)
This subchapter is not intended to abrogate any of the rights and responsibilities normally ascribed to the tenant or the landlord under the laws of the state whether set out by case law or by the West Virginia Code, or any other applicable laws.
(Ord. 097, passed - -2009; Ord. 171, passed 10-17-2013)
VACANT STRUCTURES
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