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(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.)
(a) The passage of this ordinance confirms the mayor’s and city manager’s appointment of the city building inspectors as the code enforcement officers hereunder as envisioned by the state law authorizing this ordinance.
(b) The Building Inspector shall investigate and determine whether real property violates provisions of the applicable building code of the municipality, such that it would ban uninhabitable building under this article.
(c) After inspecting the property, if the officer determines the property is uninhabitable and violates the applicable building code, then:
(1) The officer shall post a written notice on the property which shall include:
A. An explanation of the violation(s);
B. A description of the registration;
C. The date the fee will be assessed;
D. An explanation of how to be removed from the registration;
E. An explanation of the appeal process; and
F. A statement that if the fee is not paid, then the property is subject to forfeiture; and
(2) Within five business days of the inspection and the posting of the property, the officer shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(d) Within forty-five (45) days of receipt of the notification by the owner(s), the property owner may:
(1) Make and complete any repairs to the property that violate the applicable Building Code; or
(2) Provide written information to the officer showing the repairs are forthcoming within sixty (60) days, or some other reasonable proper of time approved by the officer.
(e) For purposes of this section, “owner” or “property owner” shall mean the persons or entities designated in Section 1107.02(b) above.
(f) After the repairs are made, the owner may request, in writing, a reinspection of the property to ensure compliance with the applicable building code. If the officer finds the violations are fixed, the owner is not subject to the registration and no fee will be incurred.
(g) The officer may reinspect the property at any time to determine where in the process the repairs fall.
(h) Within ninety (90) days of receipt of the notification by the owner(s), the property owner has the right to appeal the decision of the officer to the City Building Enforcement Agency.
(i) If an appeal is not filed within ninety (90) days, the property is registered and the uninhabitable building registration fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the office of the Clerk of the County Commission of the county where the property is located and if different, in the office of the Clerk of the County Commission of the county where the property is assessed for real property taxes.
(j) If an appeal is filed and the enforcement agency affirms the registration and assessment of the uninhabitable building registration fee, the property owner has the right to appeal the decision of the enforcement agency to the circuit court within thirty (30) days of the decision. If the decision is not appealed in a timely manner to the circuit court, then the property is registered and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the office of the Clerk of the County Commission of the county where the property is located and if different, in the office of the Clerk of the County Commission of the county where the property is assessed for real property taxes.
(k) A fee assessed under this section for an uninhabitable building shall be recorded in the same manner as a lien is recorded in the office of the Clerk of County Commission of the county.
(l) If the uninhabitable building registration fee is paid, then the municipality shall record a release of the fee in the office of the Clerk of the County Commission of the county where the property is located and if different, in the officer of the Clerk of the County Commission of the county where the property is assessed for real property taxes.
(m) If an owner fails to pay the uninhabitable building registration fee, then the officer may annually post the written notice on the property and send the written notice to the owner(s) by certified mail.
(n) If a registration fee remains delinquent for two years from the date it was placed on record in the Clerk of the County Commission in which the property is located and assessed, the municipality may take action to receive the subject property by means of forfeiture by filing an action in the circuit court. Should the municipality take the steps necessary to receive the subject property, the municipality then becomes the owner of record and take the property subject to all liens and real and personal property taxes.
(Passed 10-3-17.)
The owner of real property upon which is situate an uninhabitable building shall also comply with the following:
(a) Exterior property areas shall be mowed regularly and non-cultivated gardens maintained at no more than 17 inches of growth. All noxious weeds are prohibited.
(b) Electrical service shall be provided to the building via temporary pole service on the exterior of the structure or create a permanent service for the structure and install two GFCI protected receptacles, if required by the officer.
(c) NEC and OSHA compliant string lighting shall be provided to the entire structure so that it may be illuminated as needed to view the structure, if required by the officer.
(d) Unstable interior and exterior surfaces and components are to be removed.
(e) Unstable or unsound accessory buildings are to be razed or renovated.
(f) All loose, deteriorated, missing, or broken windows and doors are to be covered by using wood sheet goods or better, to be cut and neatly fit to the opening.
(g) All loose or deteriorated trim, gutter or overhang extensions (masonry or frame) are to be repaired, securely reattached, or removed to prevent falling.
(h) Any utilities needed to be connected to the structure.
(i) Regular routine monitoring of the structure shall occur by the owner to ensure that
the building is kept in compliance with the above items.
(Passed 10-3-17.)
Whoever violates this article by knowingly and intentionally failing to comply with any provision, registration, fee, notice, assessment, or order issued hereunder is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) for each offense. Each day such violation continues may constitute a separate offense.
(Passed 10-3-17.)