(a) If, at any time, the enforcement agency shall find that a condition exists within the City which renders a dwelling or building unfit for human habitation, and following its authorization by Council pursuant to a hearing as set forth in Section 1751.05, notice shall be provided, in the form of a complaint or order issued by the enforcement agency, to the owner and occupant and/or person in charge of the premises upon which such condition exists. Said complaint or order shall be serviced in accordance with the law of the State of West Virginia concerning the service of process in civil actions and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint or order.
(b) The complaint or order shall state therein the condition(s) which render(s) the dwelling or building unfit for human habitation and direct such addressee to remedy the condition within the time stated in such complaint or order, which shall be a reasonable time, not less than ten days, to be determined by the enforcement agency on a case-by-case basis. It shall be unlawful for any such owner, occupant or person in charge to fail to comply with the terms of such complaint or order; provided, that any owner, occupant or person in charge may, within ten days from the service thereof, apply to the circuit court for a temporary injunction restraining the enforcement agency pending final disposition of the cause, in which case, the terms of such complaint or order shall be stayed pending action of the circuit court. In the event such application is made, a hearing thereon shall be had within twenty days, or as soon thereafter as possible, and the court shall enter such final order or decree as the law and justice may require, including the imposition of costs.
(4-6-89)
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