Skip to code content (skip section selection)
(a) The owner of property subject to corrective action shall be given notice of the right to apply to the Circuit Court of Fayette County for a temporary injunction or other similar relief restraining correction or demolition by the Town. Such notice shall be provided in the written notice produced pursuant to Section 1730.05(a)(3)A.
(b) If an application for relief is made by the owner to the Circuit Court, a hearing shall be had within twenty days of the application, or as soon as reasonably possible.
(c) Continuances of the hearing provided for in this section may be made for cause only. If a continuance is granted upon request by the owner, the owner is required to pay into Court, in the form of a bond, any reasonable and necessary costs related to the property likely to be incurred by the Town during the continuance. This requirement for security is in addition to any other bond required or authorized by the West Virginia Rules of Civil Procedure or other applicable law.
(d) At the conclusion of a hearing held under this subdivision, if the Court finds that the property is unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, the Court shall make and enter an order granting the relief as requested by the Town. The Court may disburse any moneys paid into Court by the owner in accordance with this section.
(Ord. 2018-1. Passed 2-1-18.)