(a) Findings and Purpose. The City finds that vacant buildings present a fire hazard, detract from the appearance of the neighborhood, present potential shelter for vagrants and criminal activity, present a potential shelter for rodents, pests, and non-domesticated animals, and constitute a health and safety hazard and public nuisance. The City recognizes that vacant buildings quickly become unsightly, unsafe and have a negative effect on property values, appearance and quality of life in their respective neighborhoods. The purpose of this section is to set forth an orderly procedure for identifying vacant buildings, registering them, and imposing responsibilities upon owners thereof with the goal of fostering either timely rehabilitation to appropriate use and occupancy or demolition.
(b) Definitions. For purposes of this section, the following definitions apply:
(1) "Blighted building" means any building that endangers the public health or safety in its condition, was condemned as unfit for occupancy, or violates any of the codes adopted by Section 1709.01 of these Codified Ordinances in such a manner to constitute an imminent danger, or harbors an infestation as defined in the International Property Maintenance Code.
(2) "Building" means any building or structure under one roof.
(3) "City Code" means the Code of the City of South Charleston (Codified Ordinances), including the codes adopted by Section 1709.01 of this Code.
(5) "Emergency condition" means a condition in which the building is an imminent danger to the health or safety of first responders, the general public, or occupants thereof, legal or illegal. Determining factors include but are not limited to the following: fire hazards, falling or dilapidated structures or parts thereof, lack of one or more utilities or heat, improper ventilation, unsanitary conditions, pest infestation, chemical contamination, biological hazard, serious violation of a section of a code adopted by Section 1709.01 of these Codified Ordinances, or any other condition that creates an imminent danger to health or safety.
(6) "Owner" means a person who individually or jointly with others:
A. Has legal title to the property, with or without actual possession of the property;
B. Has charge, care or control of the property as owner or agent of the owner;
C. Is an executor, administrator, trustee or guardian of the estate of the owner;
D. Is the agent of the owner for the purpose of managing, controlling or collecting rents; or
E. Is entitled to control or direct the management or disposition of the property.
(7) "Rehabilitation Plan" means a plan approved by the Code Official to bring the building into code compliance and/or eliminate any emergency conditions on the owner's property.
(8) "Secured by other than normal means" means secured by any means other than those indicated in the design and approved plans for the building or means permitted by the International Building Code adopted by Section 1709.01.
(9) “Unoccupied” means a building that lacks, for any reason, the habitual presence of one or more human beings who have a legal right to be on the premises, including any building ordered vacated by any enforcement officer. In determining whether a building is unoccupied, the Code Official may consider the following factors: whether lawful residential or business activity has ceased; the percentage of interior space of the building that is occupied in comparison to unoccupied; the presence or absence of fixtures or personal property; the presence or lack of utility services; the legal status of the premises, such as tax or mortgage foreclosure; the existence, magnitude and/or duration of code violations; the character and use of that portion of the building that is occupied; and any other factor relevant to general habitability of the building.
(10) "Unsecured" means a building that is open to entry by non-domesticated animals and/or by unauthorized persons without the use of tools or ladders.
(11) "Vacant building" means:
A. A building that is :
1. Unoccupied and unsecured;
2. Unoccupied and secured by other than normal means;
3. Unoccupied with an emergency condition;
4. Occupied by persons with no legal authority to occupy; and/or
5. Unoccupied for a period of more than ninety calendar days for buildings in residential districts or more than 180 days in commercial or industrial districts as set forth in the City's Planning and Zoning Code.
B. Notwithstanding the foregoing, the following buildings are not considered vacant buildings under this section:
1. A new building under construction for which the owner is in possession of a valid building permit;
2. A building that is actively marketed for sale or lease during the first initial 180 calendar days of marketing by a licensed real estate agent;
3. A building that sustained fire damage or damage caused by extreme weather conditions during the first 180 calendar days after such damage was sustained;
4. A vacant building that has successfully completed a Rehabilitation Plan, holds a certificate of occupancy, and is maintained in compliance with the City Code, for a period of two years after issuance of the certificate of occupancy; and/or
5. A building owned by a government, whether federal, state, or municipal, or a respective governmental agency or political subdivision.
(12) "Vacant Building Plan" means the plan required to be submitted with the vacant building registration form as required by this section.
(c) Registration and Other Requirements Upon the Owner of a Vacant Building.
(1) Registration; registration form. The owner shall register each vacant building with the Code Official within ten calendar days of it meeting the definition of vacant building and every year thereafter by such date while the building remains unoccupied. Each vacant building registration shall be done on a form specified by the Code Official. Registration shall require the street address of the vacant building, owner name and contact information, name and contact information of a person residing within West Virginia who is authorized to accept all service and notices on behalf of the owner if the owner resides outside of West Virginia, proof of liability insurance, Vacant Building Plan, and any other information or documentation deemed necessary by the Code Official. It is the obligation of the owner to ensure that the registration is current and has not expired. A change in ownership of a vacant building shall not remove it from the registry of vacant buildings.
(2) Vacant Building Plan; description and content. The owner must submit a Vacant Building Plan with the initial vacant building registration, to be approved by the Building Official. A Vacant Building Plan shall consist of an election by the owner to proceed in one of three ways and include the information as follows:
A. Demolition - In case of demolition, include a demolition plan that sets forth the manner of demolition and the proposed time frame for completion, not to exceed six months.
B. Continued vacancy - In case of continued vacancy, include a plan for securing the building in accordance with the requirements of City Code and a statement giving the reasons for leaving the building vacant.
C. Rehabilitation and return to appropriate use - In case of rehabilitation, include a Rehabilitation Plan setting forth the manner and time frame for completion of the rehabilitation and for returning the building to appropriate use. Such plan must be in sufficient detail as required by the Code Official for issuance of a building permit and include confirmation that the owner has the financial means available to complete the work. The plan and rehabilitation work shall comply with City Code. The Rehabilitation Plan may not exceed one year and shall include progress benchmarks. Progress benchmarks may not be extended except with the permission of the Code Official. Time extensions for the Rehabilitation Plan shall not be granted. Upon successful completion of the Rehabilitation Plan, when the building is in compliance with City Code, the Code Official shall issue a certificate of occupancy.
(3) Update of registration due to changes in circumstances or plans. The owner shall notify the Code Official in writing of any changes in information originally supplied in the registration form, including any change of owner or ownership, within fifteen calendar days of the change. All plan or progress benchmark changes shall also be reported to the Code Official in writing for approval. If the building no longer meets the definition of a vacant building, the owner shall provide written notification to such effect to the Code Official together with the name and contact information of any new owner or lessee.
(4) Maintenance; securing of vacant building. The vacant building and surrounding property of the owner must be maintained at all times to conform to the requirements of City Code. The owner and any subsequent owner shall keep the building secured and perform such actions as may be required by the Code Official to ensure that the building and grounds remain safe and not a hazard or nuisance to owners or occupants of adjoining properties or the general public. A vacant building must be secured, and it must be secured by other than normal means if any window glazing is found open, broken, or missing, or if any entry door is found open, incapable of being locked, broken, or missing, or if an emergency condition exists.
(5) Registration fee. The owner of a vacant building shall submit a vacant building registration fee each year to the Code Official or City Treasurer for each vacant building as follows:
A. $500 for a vacant building that has been vacant for less than one year;
B. $1,000 for a vacant building that remains vacant for one year or more but less than three years;
C. $2,000 for a vacant building that has been vacant for three years or more but less than five years; and
D. $5,000 for a subsequent registration of a vacant building that has been vacant for five years or more.
The duration of the vacancy, for the purpose of determining the registration fee, runs with the building and shall not be affected by a change in ownership, non-habitual occupation of the vacant building, or occupation by persons with no legal authority to occupy. Registration fees are not prorated for a portion of a year if the building becomes occupied. For purposes of this section, a year is 365 days.
(6) Doubling of registration fee. The vacant building registration fee shall be doubled for each vacant building that meets one or more of the following criteria:
A. It is secured by other than normal means;
B. It is declared a blighted building; or
C. It is in a commercial or industrial district and has a total floor area under roof greater than 20,000 square feet.
(7) Reduction of registration fee. The vacant building registration fee shall be reduced by one-half for a vacant building for which the owner possesses an approved demolition or Rehabilitation Plan, and such fee shall remain reduced by one-half for a period of two years after successful completion of the Rehabilitation Plan in the event that the building remains vacant. The owner of a vacant building may request a reduction, waiver, and/or stay of a registration fee by providing the Code Official evidence showing good cause for such a request in writing thirty days prior to the due date of such registration fee. Upon advice and consent of the City Manager or Mayor, and for good cause shown, the Code Official may grant such a written request, in whole or in part. The owner remains responsible for the full registration fee unless the owner received written grant of the request prior to the due date of the fee. Unless indicated otherwise in writing, the grant of such request applies only to the fee immediately following such written request.
(8) Payment requirements; consequences of improper payment. All fees and payments set forth in this section are to be delivered by mail or in person to the Code Official or City Treasurer. Failure to pay any amount within thirty days of its due date shall incur an additional charge of two percent of the unpaid amount per month. A processing fee shall be charged for each check returned unpaid for insufficient funds or any other reason. Registration fees arising under this section shall continue to accrue at the applicable rate until the building no longer constitutes a vacant building.
(9) Registration period. The initial registration and any subsequent registration of the same vacant building is valid for one year from the time the building is considered a vacant building pursuant to this section or such anniversary date. Late registration shall not extend the one-year registration period.
(10) Plan compliance; consequences of failure to meet plans. The owner of a vacant building shall complete work as required by an approved demolition plan or Rehabilitation Plan. Failure to successfully complete a Rehabilitation Plan revokes the Code Official's approval of such plan and terminates the one-half reduction in registration fee.
(11) Evidence of occupancy. If the Code Official has reason to believe that a building is unoccupied, the Code Official may request evidence from the owner demonstrating that the building is not a vacant building. Notice of such request shall be posted on the building and sent to the owner by certified mail, return receipt requested. Unless the Code Official, within thirty days of the notice, receives evidence proving that the building is not a vacant building, the building shall be considered a vacant building for purposes of this section.
(d) Administrative Procedures Concerning Records, Annual Report, and Separate Account.
(1) All registration forms, submitted plans, and records of correspondence concerning each vacant property shall be kept as official records in the office of the Code Official. All such records concerning a vacant property may be destroyed more than two years after the building lost its status as a vacant building.
(2) The Code Official shall report every year to the Mayor and City Council on the number of vacant buildings and vacant building trends within the City.
(3) Any registration fees collected by the Code Official under this section shall be submitted in a timely manner, no later than ten calendar days after receipt, to the City Treasurer. The City Treasurer shall deposit all registration fees into a separate account. Funds in that account shall be used to:
A. Improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant buildings;
B. Monitor and administer this section; and
C. Repair, close or demolish a vacant building as authorized by West Virginia Code 8-12-16 and Section 1119.19.
(e) Failure to Comply with Maintenance Requirements; Authority of City. In the event of failure of the owner or any subsequent owner to fully comply with the maintenance requirements, the City shall have authority to:
(1) Remediate the deficiency and bill the cost of remediation to the owner. Such costs and expenses shall be a lien against the real property of the vacant building upon which such cost was incurred;
(2) Revoke the approved Vacant Building Plan submitted by the owner; and/or
(3) Impose additional fees and/or penalties as provided in this section or elsewhere in City Code.
(f) Penalties. Any owner violating or failing to comply with the provisions of this section or providing false information to the Code Official shall be subject to a fine of not less than $250 nor more than $1,000. Each thirty days that a violation continues shall be deemed a separate offense.
(g) Enforcement; Costs; Civil Action; Lien. After providing notice, the City may bring the vacant building into compliance with City Code or otherwise eliminate the public nuisance. Costs (costs include expenses and costs for repairs, demolition and maintenance and related legal and administrative costs that are incurred by the City and relate to a vacant building) shall be payable by the owner. The City may institute a civil action against the owner and/or file a lien on real property for costs and/or for unpaid and delinquent vacant building registration fees. Nothing in this section is to be interpreted to impose a duty, obligation or requirement that the City must undertake such repairs, demolition, compliance or maintenance measures, and such measures remain as obligations and responsibilities of the owner. The enforcement mechanisms set forth in this section are in addition to any other mechanisms available to the City.
(h) Notice Prior to Lien Filing and Incurring of Costs. Before any lien is filed or any cost is incurred related to the City bringing a vacant building and/or property into compliance with City Code or otherwise eliminating a public nuisance, the City shall give notice to the owner or owner's agent, by certified mail, return receipt requested, of the following:
(1) The City will undertake tasks specified in the notice to bring the vacant building and/or property into compliance with City Code or otherwise eliminate the public nuisance, and the owner will be responsible for the payment of the costs thereof unless such tasks are completed by the owner within the time specified in the notice; and/or
(2) The City will file a lien unless the delinquent fees and/or costs are paid by a date stated in the notice, which must be no less than thirty days from the date the notice is received by the owner or the owner's agent, which shall be the date of delivery shown on the signed certified mail return receipt card.
The notice shall be sent to the most recent address of the owner of record in the office of the Kanawha County Assessor and, if different, to a recent address for the owner as may exist on record with the City. If service cannot be obtained by certified mail, the City may publish notice in a newspaper of general circulation in the City in lieu of service by certified mail.
(i) Appeal. The owner may challenge any determination made pursuant to this section and has the right to appeal to the Circuit Court of Kanawha County.
(Ord. 2251. Passed 9-21-17.)