(a) If the Owner fails to respond to the Notices issued in this Article 1705, and the notice has not been rescinded or set aside, the Code Enforcement Agency may recommend that the subject property, in order to cure the blighted condition be subject to a proceeding by the Urban Renewal Authority of the City of Parkersburg, to obtain title to the subject property by eminent domain;
(b) If the Owner fails to respond to the Notices issued in this Article 1705 and the notice has not been rescinded or set aside, the Code Enforcement Agency may cause all necessary repairs, alterations or improvements to be made, or if the public welfare requires, may cause the dwelling or other building to be closed, removed or demolished, or any combination thereof. The Agency shall keep an accurate account of all costs against the real property upon which such dwelling or other building is situated. The Director of Finance may make provisions as he deems necessary or proper for the collection of all costs incurred with respect to such property and including the costs for such repairs, improvements, alterations, vacating, any required relocation of occupants under the Federal Relocation Assistance Act, and closing, removal or demolition, and attendant attorney fees and court costs or any combination thereof. Such assessment shall bear interest at ten percent (10%) and shall be immediately due and payable. If the assessment is not paid after the same is made, the Director of Finance, after any sale of any or all salvaged materials is credited to the account, may:
Place a lien against the real property upon which all costs were incurred, in an amount not to exceed the maximum allowed by law.
The notice of lien shall be a certified statement thereof, showing the nature of the work, the date and amount thereof, the property affected and the owner thereof, and shall be recorded in the Office of the Clerk of the County Commission of Wood County in the General Lien Books as are deeds of trust and mortgages. Such lien shall remain a lien upon the real property upon which the subject dwelling or other dwelling is situated for a period often (10) years from the recording thereof and for succeeding ten (10) year periods from the date of an affidavit of non-payment and extension as executed by the Mayor;
(c) If the Owner fails to respond to the Notices issued in this Section, and the notice has not been rescinded or set aside, the Code Enforcement Agency may institute a misdemeanor action in the Municipal Court of the City of Parkersburg.
(d) Procedure for Misdemeanor Actions in Municipal Court: A complaint for the violation of the Building Code shall be initiated upon a sworn or affirmed statement before the Municipal Judge. If the Municipal Judge finds probable cause, the sworn statement becomes the complaint that initiates the misdemeanor proceeding. This Complaint along with a Summons shall set forth the date, time and place of appearance before the City judge shall be served in accordance with the law of the State of West Virginia concerning the service of process in civil action, except that personal service of a summons and complaint may be made by a code enforcement department official. 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 division 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 be effectuated. Upon service of the summons and complaint consistent with this subsection, the violation may be prosecuted consistent with this Article 1705; or
(e) If the Owner fails to respond to the Notices issued in this Article 1705 and the notice has not been rescinded or set aside, the Code Enforcement Agency may institute a civil action in Circuit Court against the landowner or other responsible party to take corrective action. The City may also initiate a civil action in circuit court against the Landowner(s) or other responsible party to obtain an Order to take corrective action up to and including demolition of any structure, dwelling or building that is unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; and also to recover all reasonable costs and expenses incurred by the City with respect to the property and for reasonable attorney fees and court costs incurred in the prosecution of the action.
(f) Procedure for Civil Action in Circuit Court: No fewer than ten days before instituting a civil action as provided in this subsection, the City shall send notice to the landowner by certified mail, return receipt requested, advising the Landowner of the City's intention to institute such action. The notice shall be sent to the most recent address of the landowner of record in the Office of the Assessor of Wood County, and to any other address for the landowner as may exist on record with the City. If, for any reason such certified mail is returned without evidence of proper receipt the City shall resend the notice by first class mail, postage pre-paid, and also shall post notice on the front door or other conspicuous location on the subject property.
(g) Institute Civil Action to place slum and blighted property into Receivership.
(h) In addition to the enforcement options set forth above, the City may institute a Complaint in the Municipal Court of Parkersburg requesting that slum and blighted structures, dwellings or buildings be placed in Receivership; if the following conditions are present:
(1) The owner cannot be located after reasonable inquiry by the Code Enforcement agency as required by this section, or if the owner refuses entry
(2) the Code Enforcement Agency obtains an administrative search warrant from either the municipal court or the magistrate court located in the jurisdiction of the municipality or county where the structure, dwelling or building is located;
(3) Upon entry, the Code Enforcement Agency determines that the structure, dwelling or building is salvageable and does not require demolition; and
(4) The Code Enforcement Agency proffers to the court that the structure, dwelling or building will require demolition or presents a substantial threat to nearby structures, property, or residents due to risk of fire, structural instability, or attractive nuisance if it is not repaired, altered, or improved in the near future. If those circumstances are present, the municipal court may place the structure, dwelling or building into receivership with the municipality or another entity that is capable of making the necessary repairs, alterations, and improvements to the structure, dwelling or building. Any owner of the structure, dwelling, or building may petition the municipal court to end the receivership at any time and, upon showing that they will make the necessary repairs, alterations, and improvements to the structure to the satisfaction of the code enforcement agency, the municipal court may end the receivership.
(Ord. 0-1691. Passed 9-14-21.)