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All vacant structures shall also comply with the following criteria:
(a) Exterior property areas are to be mowed regularly and non-cultivated gardens maintained at no more than 12 inches of growth. All noxious weeds are prohibited.
(b) Structure is to be broom swept and cleared of all contents, not including building materials or components to be used in the future renovation at that structure.
(c) Electrical service is to provided to the building via temporary pole service on the exterior of the structure or create a permanent service for the structure and install two GFCI protected receptacles.
(d) NEC and OSHA compliant string lighting is to be provided to the entire structure so that it may be illuminated as needed to view the structure.
(e) Unstable interior and exterior surfaces and components are to be removed. Unstable or unsound accessory buildings are to be razed or renovated.
(f) Using wood sheet goods, all loose, deteriorated and broken windows and doors are to be covered to eliminate the danger of their falling and to prevent the unwanted entry of trespassers. Such wood sheet goods are to be cut and neatly fit, not just nailed over the opening.
(g) All loose or deteriorated trim, gutter or overhang extensions (masonry or frame) are to be removed or reattached to prevent falling.
(h) Regular routine monitoring of the structure is to occur by the owner to ensure that the building is being kept in compliance with the above items.
(i) Utilities need to be connected to the structure.
(Ord. 218. Passed 12-21-10.)
The requirements of this section shall be applicable to each owner of any building that is found to be vacant pursuant to the language contained herein. Each such owner shall cause to be filed a notarized registration statement, which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the Building Maintenance Board. The registration fee(s) as required by this section shall be billed by the City and shall be paid by the last day of the month when the property has been registered. For purposes of this section, the following shall also be applicable:
(a) If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent annual franchise tax report filed with the Secretary of State.
(b) If an estate, the name and business address of the executor of the estate;
(c) If a trust, the name and address of all trustees, grantors, and beneficiaries;
(d) If a partnership, the names and residence addresses of all partners with an interest of ten percent or greater;
(e) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent or greater;
(f) If an individual person, the name and residence address of that individual person.
(Ord. 218. Passed 12-21-10.)
At the time of registration, the Chief Building Inspector, Fire Chief, City Engineer and Police Chief shall determine whether it is necessary for any or all of them to inspect the structure so as to identify any public safety issues needing addressed. Inspections shall also be available to verify the status of any property concerning occupancy, vacancy, etc. If an internal inspection is deemed necessary, the owner will be notified of the same and arrangements made for the same. If the owner fails or refuses to consent to and arrange for an inspection, the City will seek an administrative search warrant from a court of competent jurisdiction, which shall include the Municipal Court, to authorize inspection of the premises for the purpose of determining the structural integrity of the building, the repairs necessary to insure its structural integrity and that it will be safe for entry by fire fighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time that the building remains vacant.
(Ord. 218. Passed 12-21-10.)
The property owners shall be notified in writing of any corrective action deemed necessary for the protection of life and safety and enforcement of the City Building Code. This notice shall contain the applicable code provisions and regulations in question, as well as setting a reasonable time for the correction to be taken.
(Ord. 218. Passed 12-21-10.)
(a) At the time of adoption of this article, all owners of realty within the City of Lewisburg that contain a vacant structure, as defined above, shall register the same with the Office of the Building Inspector of the City. For those structures that qualify as a vacant structure and after the adoption of this article, the owner thereof shall be required to register the structure with the Building Inspector within 30 days after the structure is found to meet the definition of a vacant structure. The registration form shall require information from the registrant deemed necessary by the Administrator, Building Inspector, Fire Chief, City Engineer and Police Chief of the City, so as to ensure that the purpose of this article is met. Specifically, the above named City officers shall have the authority to require that the property owner provide a professional opinion (architect, engineer, etc.) to determine the structural integrity and that it will be safe for entry by fire fighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time the building remains vacant. The above named officers shall have the authority to issue orders to the owner for corrective action deemed necessary. The Building Inspector and Fire Chief shall rely upon the West Virginia State Building Code and Fire Code, as well as other applicable law, for guidance during any such structural review.
(b) If none of the persons listed, as above, is shown at an address within the State, the registration statement also shall provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith. Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open or vacant and boarded, and shall be required whenever any building has remained vacant for sixty consecutive days or more. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party for compliance with any other Building Code or Fire Code requirement. One registration statement may be filed to include all vacant buildings of the owner so registering, but each structure constitutes a separate fee. The owner of the vacant property as of the last day of the month when the property has been registered of each calendar year shall be responsible for the payment of the non-refundable registration fee. Said fee shall be billed by the City; and based on the duration of the vacancy as determined by the following scale:
(1) No fee for properties that are vacant for less than one year;
(2) $200.00 for properties that are vacant for at least one year but less than two years;
(3) $ 400.00 for properties that are vacant for at least two years but less than three years;
(4) $600.00 for properties that are vacant for at least three years but less than four years;
(5) $ 800.00 for properties that are vacant for at least four years but less than five years; and
(6) $1,600 for properties that are vacant for at least five years, plus an additional $ 300 for each year in excess of five years.
(Ord. 218. Passed 12-21-10.)
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