(a) “Code enforcement agency” means the Town of Fayetteville’s Code Enforcement Department, 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 enforcement official” means any lawful agent of the code enforcement agency.
(c) “Owner” or “landowner” means a person who individually or jointly with others:
(1) Has legal title to the property, with or without actual possession of the property;
(2) Has charge, care or control of the property as owner or agent of the owner;
(3) Is an executor, administrator, trustee or guardian of the estate of the owner;
(4) Is the agent of the owner for the purpose of managing, controlling or collecting rents; or
(5) May control or direct the management or disposition of the property.
(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 Town of Fayetteville as related to the requirements for existing buildings;
(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;
(3) Any portion of a dwelling, building, structure 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;
(4) Any portion of a structure or building, or any member, appurtenance or ornamentation 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;
(5) The dwelling, building or structure, 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;
(6) The dwelling, building or structure, or any portion, is clearly unsafe for its use;
(7) The dwelling, building or structure 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 a person to resort to the dwelling, building or structure for committing a nuisance or an unlawful act;
(8) Any dwelling, building or structure constructed, exists or maintained in violation of any specific requirement or prohibition applicable to any dwelling, building or structure provided by the approved building or fire code of the Town of Fayetteville or of any law or ordinance that presents either a substantial risk of fire, building collapse or any other threat to life and safety;
(9) A dwelling, building or structure, 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;
(10) Any dwelling, building or structure, 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 enforcement agency 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. 2018-1. Passed 2-1-18.)