(A) Within 30 days following the adoption of this subchapter, all owners of real property within the town limits that contains a vacant structure, as defined in § 150.232, shall register the same with the office of the building inspector of the town. 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 defined in § 150.232, and any other information deemed necessary by the building inspector and/or the Building Maintenance Board. The building inspector and/or the Building Maintenance Board shall have the authority to require that the property owner provide a professional opinion (architect, engineer and the like) to determine the structural integrity of the vacant structure and affirm that it will be safe for entry by firefighters 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. For purposes of this section, the following shall also be applicable:
(1) 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;
(2) If the owner is a limited liability company, the registration statement shall provide the names and residence addresses of all officers, directors, members and managers of the company and shall be accompanied by a copy of the most recent annual report filed with the Secretary of State;
(3) If the owner is an estate, the name and business address of the executor of the estate;
(4) If the owner is a trust, the name and address of all trustees, grantors and beneficiaries;
(5) If a partnership, the names and residence addresses of all partners with an interest of 10% or greater;
(6) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of 10% or greater; and
(7) If an individual person, the name and residence address of that individual person.
(B) If none of the persons listed on the registration statement 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 owner 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.
(C) 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 30 consecutive days or more. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate or exempt the owner, agent or responsible party for compliance with any other provisions of the municipal code, including, but not limited to, the Building Code, Fire Code and/or §§ 150.165 through 150.170 relating to dangerous or unsafe structures.
(D) One registration statement may be filed to include all vacant structures owned by the registrant, but each such structure requires a separate annual fee. The owner of the vacant structure 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. The registration fee(s) as required by this section shall be billed by the town and shall be paid annually on or before the last day of the month in which the property was registered. Said annual fee shall 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) Two hundred dollars for properties that are vacant for at least one year but less than two years;
(3) Four hundred dollars for properties that are vacant for at least two years but less than three years;
(4) Six hundred dollars for properties that are vacant for at least three years but less than four years;
(5) Eight hundred dollars for properties that are vacant for at least four years but less than five years; and
(6) One thousand six hundred dollars for properties that are vacant for at least five years, plus an additional $300 for each year in excess of five years.
(E) All fees collected pursuant to this subchapter shall be deposited into a separate, dedicated account and shall only be used to:
(1) Repair, close or demolish a vacant structure as authorized in W. Va. Code § 8-12-16;
(2) Improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant properties; or
(3) Implement, monitor and administer this subchapter.
(F) A change in ownership of a vacant structure shall not remove the vacant structure from the vacant properties registry or from the requirements of this subchapter, nor shall it renew the time period for the exemption in § 150.234(C)(3). Fees arising under this subchapter shall continue to accrue at the applicable rate until the structure either no longer constitutes a vacant structure or qualifies for an exemption, all transfers of ownership notwithstanding. All fees arising under this subchapter shall run with the property and failure to pay such fees may result in the town filing a lien that attaches upon the property
(Prior Code, § 4-1108) (Ord. passed 8-3-2020)