(A) There is hereby created the City Housing Enforcement Board, which shall consist of the City Manager, the City Building Official, the City Fire Chief or designee and one member at large to be selected by and to serve at the will and pleasure of the Council of the city. The County Health Officer may serve as an ex officio member of the Housing Enforcement Board, receiving notice of meeting agenda items by providing comments to the Board, but shall have no voting rights or privileges on the Board.
(B) The City Manager shall designate and appoint an officer to be known as the City Housing Enforcement Officer. The Housing Enforcement Officer shall exercise the powers herein granted along with any and all other powers currently granted or as may be granted in the future to such officer pursuant to the statutory provisions of W.Va. Code §§ 8-12-16, 8-12-16a and 8-12-16b, as amended. The Housing Enforcement Officer shall serve at the will and pleasure of the City Manager. The Housing Enforcement Officer may or may not be one and the same person as the city’s Building Official.
(C) (1) The Housing Enforcement Officer is charged with the responsibility and authority to formally investigate any and all dwellings or other buildings or structures alleged to be unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in any dwelling or other buildings or structures, whether used for human habitation or not, which would cause such dwellings or other buildings or structures to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare. The initiation of any investigation by the Housing Enforcement Officer may occur either:
(a) As a consequence of the Housing Enforcement Officer’s own observation;
(b) From a citizen complaint lodged with the Housing Enforcement Officer; or
(c) As referred by the City Manager.
(2) The Housing Enforcement Officer in conducting investigations or discharging any duties established pursuant to this subchapter shall have the right upon granting reasonable notice to the occupants thereof (i.e., a minimum of 24 hours’ written notice delivered to the occupants thereof) to enter upon and within at all reasonable times, any lots, dwellings and other buildings and structures situated within the corporate limits of the city. Any entrance upon or within any premises by the Housing Enforcement Officer for the purpose of making any investigation authorized by this subchapter shall be made in a manner as to cause the least possible inconvenience to the persons in possession of the premises. In the event that there are no occupants of the premises to be investigated, then reasonable written notice shall be delivered to the owner of the premises.
(D) (1) Upon any determination by the Housing Enforcement Officer that any dwelling or other building or structure is unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in any dwelling or other buildings or structures, whether used for human habitation or not, which would cause such dwellings or other buildings or structures to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, the Housing Enforcement Officer then promptly shall submit to the Housing Enforcement Board a written, preliminary report concerning the condition of such dwelling or other building or structure and the Housing Enforcement Board thereafter shall conduct a hearing respecting the investigation and report.
(2) Written notice of not less than ten days shall be served upon both the owner and any occupants of the premises, and which notice shall establish:
(a) The date, time and place for the hearing;
(b) The nature of the complaint;
(c) The opportunity of the owner and/or occupants to present testimony and other evidence concerning the matter; and
(d) The possible ordering by the Housing Enforcement Board of the razing and demolition of the dwelling or other building or structure if the violating conditions are not abated within a reasonable period of time (i.e., a minimum of 30 days following the hearing date and commencement of razing and demolition).
(3) The hearing before the Housing Enforcement Board on the matter shall be an informal hearing and strict rules of procedure or evidence shall be followed or required. The owner and/or occupants may be represented by legal counsel. Any owner or occupant of the premises involved, or their legal counsel, or any other interested person, shall have the right to examine the written report of the Housing Enforcement Officer and further shall have the right to file a written answer to such report and to appear in person or by counsel, and offer testimony and other evidence at the time and place fixed in the notice for the hearing on the matter.
(E) If following the hearing, the Housing Enforcement Board determines by a majority vote that the investigated dwelling or other building or structure is unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in any dwelling or other buildings or structures, whether used for human habitation or not, which would cause such dwellings or other buildings or structures to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, then the Housing Enforcement Board shall state in writing its findings of fact in support of such determination, and then shall issue and cause to be served upon the owner, occupants and any other interested parties, an order requiring the owner to undertake the following:
(1) The repair, alteration or improvement of the dwelling or other building or structure within a specified time to permit the repair, alteration or improvement of the premises so as to abate the violating conditions, said repair, alteration or improvement period to be a minimum of 30 days; or
(2) The razing, demolition and removal of the dwelling or other building or structure.
(F) (1) If the owner fails to comply with the order of the Housing Enforcement Board to repair, alter or improve, or alternatively to raze, demolish and remove the dwelling or other building or structure, the Housing Enforcement Board may cause said dwelling or other building or structure to be repaired, altered or improved, or to be vacated and closed from and after the date specified in the order of the Housing Enforcement Board for the repair, alteration or improvement of the premises. The Housing Enforcement Officer then shall cause to be posted upon the premises a notice bearing the following: “This building has been determined to be unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions prevailing in the dwelling or other building or structure, whether used for human habitation or not, which would cause such dwelling or other building or structure to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare. The use or occupancy of this dwelling or other building or structure is prohibited and unlawful.”
(2) If the owner fails to comply with an order of the Housing Enforcement Board to repair, alter or improve, or raze, demolish and remove, the Housing Enforcement Board may cause such dwelling or other building or structure to be razed, demolished and removed upon such conditions as the Housing Enforcement Board may prescribe and at the exclusive cost and expense of the owner thereof.
(G) All costs of any repairs, alterations, improvements, vacating, closing, razing, demolition and/or removal of any dwelling or other building or structure under orders of the Housing Enforcement Board shall constitute a lien against the subject real estate upon which such costs were incurred. Any and all cost incurred respecting asbestos inspection and/or abatement shall be deemed to be a cost of any razing, demolition and/or removal. If the dwelling or other building or structure is razed, demolished and removed by the Housing Enforcement Board, the Board shall attempt to sell such materials from such premises as can be salvaged and shall credit the proceeds of such sale against the cost of the razing, demolition and removal.
(H) All notices or orders issued by the Housing Enforcement Board shall be served upon the owner and/or occupants thereof in such a manner as prescribed by the laws of the state for service of legal documents, and in addition thereto, all such notices and orders shall be posted in a conspicuous place upon the premises. A copy of all such complaints or orders further shall be filed for record in the office of the Clerk of the Municipal Court and such filing shall be deemed to have the same legal force and effect as a lis pendens notice authorized pursuant to the laws of the state.
(I) Any owner or other person affected by an order issued by the Housing Enforcement Board may petition the Municipal Court for an injunction restraining the Housing Enforcement Board and/or the Housing Enforcement Officer from carrying out the provisions of such order, and the Housing Enforcement Board and/or Housing Enforcement Officer shall fully comply in all respects with any order issued by the Municipal Court in connection with any injunction hearing. The City Attorney shall represent the Housing Enforcement Board and/or Housing Enforcement Officer in any such proceedings before the County Circuit Court.
(J) No officer, agent or employee of the city, or any member of the Housing Enforcement Board of the city or the Housing Enforcement Officer shall be held personally liable for any damage incurred or alleged to have been incurred as a result of any act required, permitted or authorized to be performed in the discharge of duties pursuant to this subchapter or any notice or order issued by the Housing Enforcement Board. Any suit brought against any such officer, agent or employee of the city, or any member of the Housing Enforcement Board or the Housing Enforcement Officer shall be defended by the city.
(Ord. passed - -2016) Penalty, see § 150.99