(a) Owners of vacant and or abandoned building(s) shall register such vacant and/or abandoned building(s)with the City within thirty (30) of notification from the City of said vacancy, make payment of a fee for said registration as set forth herein, and otherwise conform to the requirements of this building ordinance.
(1) Each such owner shall cause to be filed a registration statement, which shall include the street address, tax number, tax map, and parcel number of each such vacant building(s), the names and addresses of all owners, and any other information deemed necessary by the City as set forth herein;
(2) A registration fee of twenty-five dollars ($25.00) will be required of the responsible party or parties and shall be billed by the City and shall be paid when the property has been registered. For the purposes of this section, the following shall also be applicable:
A. If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent annual franchise tax report filed with the secretary of state;
B. If an estate, the name and address of the executor of the estate;
C. If a trust, the name and address of all trustees, grantors, and beneficiaries;
D. If a partnership, the names and residence addresses of all partners with an interest of ten percent or greater;
E. If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent or greater;
F. If an individual person, the name and residence address of the individual;
G. If none of the persons listed on the registration lives within the state, the registration statement shall provide the name and address of a West Virginia resident who is authorized to accept service of process on behalf of the owners and who shall be designated a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith;
H. Registration shall be required for all vacant and/or abandoned buildings which have been vacant and/or abandoned for thirty (30) consecutive days or more;
I. In no instance shall the registration of a vacant and/or abandoned building(s) and the payment of a registration fee be construed to exonerate the owner, agent or responsible party for compliance with any other building code, housing code, or ordinance requirement;
J. One registration statement may be filed to include all vacant and/or abandoned buildings of the registering owner, but each building constitutes a separate fee;
K. Owners of a building(s) vacant and/or abandoned for one (1) year or more shall pay one hundred dollars ($100.00) per month, except for those buildings that are actively being advertised for sale or for rent. If for sale, the building(s) must be advertised at fair market value and property owners must prove that they are actively seeking qualified buyers. In addition, the building(s) must prominently display for sale and/or for rent signs with adequate contact information for potential buyers or renters.
(3) At the time of registration, the City's building inspector and/or the chief of police and/or authorized agent of the City shall determine whether or not said property should be inspected to identify any public safety issues. Inspections may also be made to determine the occupancy or vacancy of said structure. If an internal inspection is deemed necessary, the owner shall allow access. If access is denied or if owner fails to arrange for the inspection, the City will seek a search warrant from a court of competent jurisdiction. Said inspection shall determine the structural integrity of the building, the repairs necessary to insure its structural integrity, and the safety of entering the building by firefighters or police officers in time of emergency, and the presence or lack of a fire hazard.
(4) In the event, the building's structural integrity appears to be questionable, the aforesaid City Enforcement Committee shall have the authority to require that the property owner provide a professional opinion from a qualified architect or structural engineer to determine the building's integrity and the repairs necessary to ensure its safety to the public. Furthermore, the aforesaid City Enforcement Committee shall have the authority to issue orders to the owner(s) for necessary corrective action(s).
(5) All vacant and /or abandoned buildings are subject to re-inspection on an annual basis or as deemed necessary.
(b) It is the intent of this article that, through a registration and inspection process, and other improved public safety efforts, vacant and/or abandoned buildings will be kept weathertight and secure from trespassers, will provide safe entry to police officers and firefighters in times of emergency, will not impede private and/or public efforts to rehabilitate or maintain surrounding properties, and will not otherwise present a public hazard.
(c) The owner of the vacant and/or abandoned building(s) shall register said building(s) with the City and shall maintain it so that the building(s) does not fall into disrepair and thus does not warrant a complaint.
(d) The City shall assess the effects of the condition of those buildings on nearby structures and shall promote substantial efforts to rehabilitate and develop such buildings when appropriate.
(e) Further, the exterior property's areas are to be mowed regularly and non-cultivated gardens maintained. All noxious weeds are prohibited.
(Ord. 3-12-18)
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