(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.)