(a) Pursuant to W.Va. Code § 8-12-16, the owner of property subject to corrective action pursuant to this section shall be given notice of the right to apply to the Circuit Court of the county for a temporary injunction or other similar relief restraining correction or demolition by the city. Such notice shall be provided in the written notice produced pursuant to § 1749.07(a).
(b) Pursuant to W.Va. Code § 8-12-16, if such an application is made by the owner to the Circuit Court, a hearing shall be held within 20 days of the application, or as soon as reasonably possible.
(c) Pursuant to W.Va. Code § 8-12-16, continuances of the hearing provided for in this section may be made for cause only. If a continuance is granted upon request by the owner, the owner is required to pay into court, in the form of a bond, any reasonable and necessary costs related to the structure, dwelling or building likely to be incurred by the municipality during the continuance. This requirement is in addition to any other bond required or authorized by the state’s Rules of Civil Procedure or other applicable law.
(d) Pursuant to W.Va. Code § 8-12-16, at the conclusion of a hearing held under this section, if the court finds that the structure, dwelling or building is unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare, the court shall make and enter an order granting the relief as requested by the city.
(Ord. passed 2-19-2019)