(A) To the extent not otherwise authorized by state law, all notices of violation or correction for violations that fall within one of the categories defined in divisions (1), (2), (4), or (10) in the definition for UNSAFE, UNSANITARY, DANGEROUS OR DETRIMENTAL TO THE PUBLIC SAFETY OR WELFARE shall be served in accordance with the process set forth in the state building code.
(B) (1) Any violation of this subchapter may be prosecuted by the municipality consistent with state and local laws. Unless otherwise authorized by state law, prosecution of a violation shall be initiated by a complaint presented to and sworn or affirmed before a Municipal Judge or other municipal official with lawful authority to hear and determine violations of municipal code in the municipality where the offense is alleged to have occurred.
(2) Unless otherwise provided by statute, the presentation and oath or affirmation shall be made by a code enforcement agency official or municipal attorney showing reason to have reliable information and belief. If from the facts stated in the complaint the Municipal Judge or other municipal official with lawful authority to hear and determine violations of municipal code finds probable cause, the complaint becomes the charging instrument initiating a criminal proceeding.
(3) A complaint lawfully authorized by this subsection along with a summons setting forth the date, time and place of appearance before a Municipal Judge and or other municipal official with lawful authority to hear and determine violations of municipal code shall be served in accordance with the law of the state concerning the service of process in civil actions, except that personal service of a summons and complaint may be made by a code enforcement agency official.
(4) If service is made by certified mail under Rule 4(d)(1)(D) of the West Virginia Rules of Civil Procedure and delivery of the summons and complaint is refused, the code enforcement agency official, promptly upon the receipt of the notice of the refusal, shall mail to the person or entity being noticed, by first class mail, postage prepaid, a copy of the summons and complaint. If the first class mailing is not returned as undeliverable by the U.S. Postal Service, service of the summons and complaint is presumed to have been effectuated. Upon service of the summons and complaint consistent with this division (B), the violation may be prosecuted consistent with state and local law.
(Ord. passed 12-5-2017)