1105.01 Building nuisances prohibited; definitions.
1105.02 Emergency or summary abatement.
1105.03 Abatement in other cases; notice, etc.
1105.04 Abatement by owner.
1105.05 Appeal procedures; hearing.
1105.06 Abatement by City.
1105.07 Notice of assessment; appeal of charges.
1105.08 Personal liability of owner.
1105.09 Cost of abatement; low income, elderly persons.
1105.10 Overhead charge; civil penalties.
1105.99 Criminal penalties.
CROSS REFERENCES
Power to regulate - see W. Va. Code 8-12-5(13, 23)
Junk vehicles - see GEN. OFF. Art. 519
Weeds - see S.U. & P.S. Art. 907
(a) No person shall erect, contrive, cause, continue, maintain or permit to exist any building or structure nuisance within the City, or within the police jurisdiction of the City. The following definitions shall apply with respect hereto:
(b) “Abatement” means the repair, removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by repairing, breaking or pulling it down, or otherwise fixing, destroying, or effacing it. Abatement shall include the right of the City to declare such building to be unfit for human occupancy and cause it to be vacated and closed.
(c) “Building Enforcement Agency” means the agency created by Article 1717 of this City Code, or any amendment or replacement thereof.
(d) “Owner” means the owner of record based on land records at the Office of the Clerk of the County Commission, or any person with legal, financial or equitable interest in the property on which the alleged building nuisance exists at the time of the violation.
(e) “Property” means any real property, premises, structure or location on which a
building nuisance is alleged to exist.
(f) “Building Nuisance” means any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock, wharf or landing dock; or any lot, land, yard, premises, property, or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:
(1) By reason of being a menace, threat and/or hazard to the general health and safety of the community.
(2) By reason of being a fire hazard.
(3) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property, whether in violation of the City Building Code or otherwise.
(4) By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
(g) “Summary abatement” means abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair, or other acts without notice to the owner, agent, or occupant of the property except for the notice required by this article. Summary abatement shall include the right of the City to declare such building to be unfit for human occupancy and cause it to be vacated and closed. (Ord. 9-7-10)
(a) Whenever a complaint is made to the City of the existence of a building nuisance, as defined herein, the Building Enforcement Agency shall promptly cause to be inspected the property on which it is alleged that such building nuisance exists. The Building Enforcement Agency shall have the right and authority, through any of its members or agents duly authorized by the said Building Enforcement Agency (including, but not limited to the Building Inspector and the Fire Chief), to enter any dwelling or building for the purpose of making any inspection or examination. The City may seek consent from the owner for inspection or seek an administrative search warrant from a court of competent jurisdiction, which shall include the municipal court, which is hereby conferred such authority hereunder. Should the Building Enforcement Agency find that a building nuisance exists, and that the public health, safety or welfare may be in immediate danger, then summary abatement procedures shall be implemented and the City may cause the nuisance to be removed or abated.
The Building Enforcement Agency may notify the Building Inspector if the building nuisance involves a building that appears structurally or otherwise unsafe. The Building Inspector, upon being notified by the Building Enforcement Agency shall cause the building on which it is alleged such building nuisance exists to be inspected and submit a written report of such inspection and the findings to the Building Enforcement Agency.
(b) When summary abatement is authorized, notice to the owner, agent, or occupant
of the property is not required. Following summary abatement, the Building Enforcement Agency shall cause to be posted on the property liable for the abatement a notice describing the action taken to abate the nuisance, and attempt to deliver the notice in person or by mail if feasible to the owner, agent, or occupant.
(Ord. 9-7-10)
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