(a) Whenever the Building Inspector determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice thereof to the Enforcement Agency and the Enforcement Agency shall give notice of the alleged violation to the person responsible therefor, as hereinafter provided.
Such notice shall:
(1) Be put in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow a reasonable time for the performance of any act it requires;
(4) Be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be property served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
(b) Any person affected by any notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Enforcement Agency; provided that such person shall file in the office of the Enforcement Agency a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition, the Enforcement Agency shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the date on which the petition was filed; provided, that upon application of the petitioner, the Enforcement Agency may postpone the date of the hearing for a reasonable time beyond such ten-day period, if, in its judgment, the petitioner has submitted a good and sufficient reason for such postponement. Any hearing conducted by the Enforcement Agency shall be electronically recorded on audio tape and kept as a permanent record of the hearings had and conducted by the Enforcement Agency.
(c) After such hearing, the Enforcement Agency shall sustain, modify or withdraw the notice, depending upon its finding as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with. If the Enforcement Agency sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to subsection (a) hereof shall automatically become an order if a written petition for a hearing is not filed in the office of the Enforcement Agency within ten days after such notice is served. After a hearing, in the case of any notice suspending any permit required by this article, or by any rule or regulation adopted pursuant thereto, when such notice has been sustained by the Enforcement Agency, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Enforcement Agency within ten days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the Enforcement Agency, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Enforcement Agency. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Enforcement Agency may apply to the Circuit Court of Mason County, West Virginia for a temporary injunction restraining the Enforcement Agency pending final disposition of the cause as is provided by law.
(e) Whenever the Enforcement Agency finds that an emergency exists which requires immediate action to protect the public health, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Enforcement Agency, shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this article and of the rules and regulations adopted pursuant thereto have been complied with, the Enforcement Agency shall continue such order in effect, modify it or revoke it.
(2-11-63; 7-11-94)