(A) If, after hearing the evidence presented at the hearing, the Building Maintenance Board determines that the building or structure in question is an unsafe building or structure as herein defined, the Building Maintenance Board shall order that it be repaired, altered, improved, vacated, closed, removed or demolished, or any combination thereof, as the case may require, within a time to be set by the Building Maintenance Board and, if the owner or occupant of such building or structure does not comply with such order within the time specified, the town shall carry out the order and direction of the Building Maintenance Board and shall assess all costs of such repairs, alterations, improvements or such vacating and closing or removal or demolition, or any combination thereof, to the owner of such building or structure, and such costs, after the sale of any and all salvaged material is credited to the account, shall be a lien against the real property upon which costs were incurred.
(B) All orders issued by the Building Maintenance Board shall be served in accordance with the law of the state concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the order.
(C) The Building Maintenance Board may enter orders providing for the vacating, closing, removal or demolition of any dwelling, structure or building, in the absence of owner agreement or court order provided that the Building Maintenance Board provides lawful notice and undertakes reasonable efforts to seek agreement from the owner before taking such action, and further provided that:
(1) The dwelling, structure or building meets the definition of unsafe, unsanitary, dangerous or detrimental to the public safety or welfare as set forth in § 150.166, divisions (3), (4) or (8) of the definition for unsafe, unsanitary, dangerous or detrimental to the public safety or welfare;
(2) The dwelling, structure, or building meets the definition of unsafe, unsanitary, dangerous or detrimental to the public safety or welfare as set forth in§ 150.166, divisions (6), (7), (9) or (11) of the definition for unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, provided that the dwelling, building or structure is vacant, abandoned or has been lawfully declared unfit for human habitation; and the reasonable estimated cost of repair, rehabilitation or corrective action exceeds the fair market value of the dwelling, building or structure;
(3) If the Building Maintenance Board cannot effect personal service on the owner, a Building Maintenance Board official shall subscribe a written affidavit, to be maintained for a minimum of two years, that demonstrates the structure, dwelling or building falls within one of the categories set forth division (C)(1) or (C)(2) above, and sets forth the basis in reasonable detail, including documentation of same, and memorializes the Building Maintenance Board’s efforts to contact or get permission for entry and any corrective action from the owner; and the Building Maintenance Board shall publish notice of its intent to enter the property for the purpose of demolition or correction, along with the address of the property, the name of the owners and the date of the proposed action, as a Class II legal advertisement consistent with the requirements of W. Va. Code § 59-3-2, the first of which shall run at least 30 days before the date of the proposed action by the enforcement agency, and the last being no later than 20 days before the date of the proposed action by the enforcement agency; and
(4) If there is no response to the notice by the owner or landowner in the time specified in the notice, then the town may proceed in correction or demolition of the subject dwelling, building or structure.
(D) It is an absolute defense to any civil action by an owner, landowner or tenant for damages resulting from the closure, demolition or other corrective action taken by the town under this section; provided, that the town acted in good faith, can demonstrate that the structure, dwelling or building falls within one of the categories set forth in division (C)(1) or (C)(2) above, that the town followed the procedures set forth in this division (D), and that the town had adopted the State Building Code at the time of the closure, demolition or other corrective action occurred.
(E) Any owner or occupant of any building or structure affected by any complaint or order of the Building Maintenance Board, as well as the town, shall have the right to apply to the circuit court for a temporary injunction restraining the enforcement of any order of the Building Maintenance Board pending final disposition of the cause, as provided in W. Va. Code § 8-12-16.
(F) It shall be unlawful for any owner, occupant, lessee or other person in interest of such dwelling, building or structure as determined by the Building Maintenance Board to be dangerous, unhealthy or unfit for human habitation, to fail to comply with any order to repair, vacate or demolish and remove same, or any other order of the Building Maintenance Board from which no appeal or other remedy has been invoked. The imposition of one penalty for any violation shall not excuse subsequent violations or deny subsequent impositions, fines or imprisonment or both for continuing violations; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days that prohibited conditions continue, shall constitute a separate offense.
(G) It shall be unlawful for any person to remove any notice or order of the building inspector and/or Building Maintenance Board posted as required under any of the provisions of the chapter.
(Prior Code, § 4-706) (Ord. passed 8-3-2020) Penalty, see § 150.999