1107.01 Uninhabitable Building Registration Program.
1107.02 Definitions.
1107.03 Registration required; inspection; fee.
1107.04 Absentee owners.
1107.05 Procedure for imposition of uninhabitable building registration fee.
1107.06 Additional requirements.
1107.99 Criminal penalties.
CROSS REFERENCES
Nuisance abatement and demolition - see HEALTH & SANITATION Art. 1105
(a) For purposes of this article, the term “uninhabitable building” means: a building or other structure that is not capable or fit for occupancy because it violates the Moundsville Building Code to such an extent as to make it unsafe for human occupancy for residency or business purposes.
(b) For purposes of this section, “owner” or “property owner” means a person who individually or jointly with others:
(1) Has legal title to the property, with or without actual possession of the property;
(2) Has charge, care or control of the property as owner or agent of the owner;
(3) Is an executor, administrator, trustee or guardian of the estate of the owner;
(4) Is the agent of the owner for the purpose of managing, controlling or collecting rents;
(5) Is entitled to control or direct the management or disposition of the property; or
(6) is the owner of record based on land records at the Office of the Clerk of the County Commission, and includes any co-owner, or any person or entity with legal, financial or equitable interest in the property on which the building is situate, and any entity subjecting real estate to foreclosure, at the time the registration fee imposed hereunder becomes due and owing.
(Passed 10-3-17.)
(a) Registration: All owners of real estate within the City of Moundsville upon which is situate an uninhabitable building shall register the same with the City within thirty (30) days after the building is found to meet the definition of an uninhabitable building by the Building Inspector or other city agent designated by the City Manager. The registration form shall require information from the registrant deemed necessary by the City to meet the purposes of this article. Additionally, the Building Inspector or other designated City agent, may require that the owner provide a professional opinion (architect, engineer, etc.) to determine the structural integrity of the building, any repairs necessary to ensure 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 the building remains uninhabitable. Owners failing to comply or repair may be subjected to prosecution under this article and/or to other provisions of the City Code dealing with violations of the Building Code, orders to repair or raze, public nuisance, building nuisance, and the like.
(b) Inspection: At the time of registration, the Building Inspector, or other designated city agent, shall determine whether it is necessary for an inspection of the structure so as to determine occupancy, and to identify any public safety issued needing addressed. Other city officials having an interest in the public safety, such as the Fire Chief, Police Chief, City Engineer, and the like, may attend the inspection. 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, which is hereby conferred such authority hereunder.
(c) Uninhabitable Building Fee: There is hereby imposed on any owner of real property upon which there is situate an uninhabitable building, an annual registration fee, the full amount of which shall be due upon initial assessment thereof by the building inspector, for the ensuing year after the date of assessment, and each year thereafter on the anniversary date of the initial assessment if still uninhabitable at said anniversary and continuing each year thereafter until the owner shall apply for, and be granted an exemption or otherwise present proof to the Building Inspector that the real property no longer meets the definition of having an uninhabitable building situate thereon. Said fee shall be based on the duration of the condition of being uninhabitable as determined by the following scale:
(1) No fee for properties that are uninhabitable for less than one year (registration is nevertheless required).
(2) $200.00 for properties that are uninhabitable for at least one year but less than two years.
(3) $400.00 for properties that are uninhabitable for at least two years but less than three years.
(4) $600.00 for properties that are uninhabitable for at least three years but less than four years.
(5) $800.00 for properties that are uninhabitable for at least four years but less than five years.
(6) $1,600.00 for properties that are uninhabitable for at least five years, plus an additional $300.00 for each year in excess of five years.
(d) The owner at the time of determination of vacancy or uninhabitability shall be the responsible party for the initial registration and fee, and the owner as of each anniversary date of assessment each year shall be responsible for the registration and fee for such ensuing year or years. It shall be owner’s responsibility to notify any new owner of the uninhabitable building registration.
(e) In no instance shall the registration of an uninhabitable building and the payment of the registration fees shall be construed to excuse or exonerate the owner, agent or responsible party from compliance with any other building or housing code requirement of the City.
(Passed 10-3-17.)
(a) When the owner of the uninhabitable building resides outside of Marshall County, West Virginia, the owner shall provide contact information of a person or entity who resides within Marshall County. The contact information shall include: name, address, home phone, cell phone, work phone, relationship to the owner, and any other information that may be needed in an emergency.
(b) This person or entity shall be authorized to accept service of process and notices under this article on behalf of the owner and who is designated as a responsible, local party or agent for the purposes of notification in the event of an emergency affecting the public health, safety or welfare.
(Passed 10-3-17.)
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