(a) The Chief of the Fire Department or his designated representative from the City of Martinsburg Fire Department shall issue a copy of an incident report to the Building Code Official (BCO) within one working day for each fire damage event that causes more than cosmetic damage to a structure.
(b) The BCO shall inspect the fire damaged premises at the earliest opportunity to take appropriate actions as outlined within the West Virginia State Building Code. Along with the issuance of a Notice of Violation, these actions may include securing and/or vacating the fire damaged building or ordering the structure to be voluntarily razed or repaired by the owner of the fire damaged building.
(c) If the owner of the fire damaged building is to repair a building with minor fire damage, the BCO shall monitor the progress of work done under a City of Martinsburg issued Building Permit. A lapse of substantial repair activity greater than forty five days in the repair of the fire damaged building will require the BCO to contact the owner to determine the reason for said lapse of repair to the building. If a Building Permit expires without work being completed, the BCO shall have the premises reinspected and bring the owner into either City of Martinsburg Police Court or Berkeley County, West Virginia Circuit Court for non-compliance with the initially issued notice or order.
(d) If the owner of the fire damaged building is to repair a building with extensive fire damage, the BCO shall request a work schedule be submitted within ten days of any start of repairs. The BCO may have the owner enter into an agreement with the City of Martinsburg in accordance with an approved schedule such that any default from the agreed terms of repair permits the City to pursue demolition. Upon default of this agreement or if any terms of a Notice of Violation, the BCO shall have the premises reinspected and bring the owner into either the City of Martinsburg Police Court or Berkeley County, West Virginia Circuit Court for non-compliance with the initially issued notice or order, and also request the owner attend the next regular City of Martinsburg City Council meeting in order to represent themselves when the Code Enforcement Chairperson addresses the Martinsburg City Council about pursuing demolition of the fire damaged building.
(e) If any windows or other openings to a fire damaged structure are boarded up, the BCO shall direct the owner to paint any materials used with a color that matches the color of the building. If the owner, fails, neglects or refuses to comply with BCO shall cause the work to be performed and to institute actions to recover costs incurred by the City of Martinsburg.
(f) If a boarded up, fire damaged structure has no activity done as to repair or reopen the structure within a nine month period following the fire damage to the structure, the City of Martinsburg may elect to perform a study of neighborhood buildings to determine if measurable depreciation exists to substantiate a blighting condition . If blighting is not substantiated, a study may be performed after nine more months. If blighting is substantiated, the City Council may authorize repairs or demolition proceedings against the owner in Berkeley County Circuit Court in order to protect the affected neighborhood.
(Ord. 2001-03. Passed 6-14-01.)