1760.02 PURPOSE.

   (a)    The City has determined that uninspected and unmonitored

vacant structures.

      (1)    Present a fire hazard;

      (2)    Are often utilized by vagrants and transients, (including drug abusers and traffickers) as dangerous and unsafe temporary shelters;

      (3)    Detract from private and/or public efforts to rehabilitate or maintain surrounding structures; and

      (4)    Require additional regulation and services to protect the health, safety and welfare of the public.

   (b)    Owners of vacant structures shall register such vacant structures with the City, make payment of a fee as set forth herein, and otherwise conform to the requirements of this vacant structure code. Owners of vacant structures that are also determined to be uninhabitable structures in violation of the Building and Housing Code and unsafe for occupancy shall be fined a separate and additional fee.

   (c)    It is the intent of this article that, through a registration, inspection, and monitoring process, and other improved public safety efforts, vacant structures will be kept weather tight 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.

   (d)    It is the City's further intent for the provisions of this article to streamline and consolidate the existing procedure (that is, complaint, research, notification, inspection, orders, fines, liens, appeals and lien enforcement) by placing the responsibility to register and maintain a vacant structure on the owner of such structure before a condition of the structure falls into disrepair or otherwise necessarily warrants a complaint.

(Ord. 2020-13. Passed 12-7-20.)

1760.03 DEFINITIONS.

   For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them as follows:

   (a)    Abandoned Building: Any structure on a parcel of real property which has been a vacant structure for more than ninety (90) days and is the subject of an Order issued by the Municipal Court for a building or zoning violation which has not been rendered for thirty (30) days.

   (b)    Actively marketed: A property is being "actively marketed" when its owner is, in good faith, doing those things and performing those activities standard and effective in the industry necessary to sell or lease a structure, including, but not limited to, using the services of a realtor licensed in the State of West Virginia, or advertising the availability of the structure for sale or lease.

   (c)    Boarded: Vacant structure shall be deemed to be "boarded" if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.

   (d)    Code enforcement agency official: means any lawful agent of a code enforcement agency or code enforcement department as defined by 87 CSR 7-2.

   (e)    City Clerk: The City's Clerk, or its designee.

   (f)   Occupy/ occupied/ occupies: Any building or structure shall be deemed to be "occupied" if one or more persons actually conducts a lawful business or lawfully resides in the structure as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a structure is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. Postal Service; proof of continual telephone, electric, gas, heating, water and sewer services; a valid City business license, or the most recent, federal or state income tax statements or City Business and Occupation tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy.

   (g)    Open: A vacant structure shall be deemed to be "open" if any means of ingress/ egress lacks a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.

   (h)    Owner /property owner: A person who individually or jointly with others:

      (1)    Has legal title to the property, with or without actual possession of the property;

      (2)    Has charge, care or control of the property as owner or agent of the owner;

      (3)    Is an executor, administrator, trustee or guardian of the estate of the owner;

      (4)    Is the agent of the owner for the purpose of managing, controlling or collecting rents; or

      (5)    Is entitled to control or direct the management or disposition of the property.

   (i)    Single-unit structure: A commercial or residential structure or structure that is not a multi-unit structure.

   (j)    Uninhabitable structure: A building or other structure that is not capable or fit for occupancy because it violates the Building and Housing Code to such an extent as to make it unsafe for human occupancy for residency or business purposes.

   (k)    Vacant property registry: The property registry created pursuant to this article.

   (l)    Vacant structure: A single-unit structure where no person or persons actually, currently occupies, conducts a lawfully licensed business, or lawfully resides, dwells, or lives in any part of the structure as the legal or equitable owner(s), or tenant(s), on a permanent, non-transient basis for a period of six (6) months in any calendar year. A multi-unit structure where no person or persons actually, currently occupies, conducts a lawfully licensed business, or lawfully resides, dwells, or lives in each unit/ space as the legal or equitable owner(s), or tenant(s), on a permanent, non-transient basis for a period of sixty (60) days in any calendar year. (Ord. 2020-13. Passed 12-7-20.)

1760.04 APPLICABILITY.

   Except as provided in Section 1760.06, this article is applicable to all vacant structures and vacant and uninhabitable structures and their owners. It is the obligation of the owner of any property qualifying as a vacant structure to register the same with the Code Enforcement Agency Official. Registration shall be required for all vacant structures, whether vacant and secure, vacant and open or vacant and boarded, and shall be required on or before thirty (30) days after a structure qualifies as a vacant structure, subject to the exemptions contained herein. In no instance shall the registration of a vacant structure and the payment of registration fees be construed to exonerate the owner, agent or responsible party for compliance with any other Building and Housing Code requirement as adopted in Part 17 of the Codified Ordinances of the City of St. Albans.

(Ord. 2020-13. Passed 12-7-20.)

1760.05 EXEMPTIONS.

   The following are exempt from the requirements of this article:

   (a)    Any structure owned by city, state, or federal government, or any of their respective agencies or political subdivisions;

   (b)    A new structure under construction or property that is undergoing, in the reasonable discretion of the Code Enforcement Agency Official, an active renovation or rehabilitation;

   (c)    Any property being actively marketed; provided, however, this exemption shall only be available for up to six (6) months for each structure otherwise meeting the vacant structure designation, unless the owner provides justification satisfactory to the Code Enforcement Agency Official supporting an extension of the exemption beyond six (6) months; or

   (d)    Any accessory use, as defined in the City of St. Albans Zoning Ordinance, such as a garage or shed subservient to an occupied principal use on the same lot.

      (Ord. 2020-13. Passed 12-7-20.)

1760.06 REGISTRATION INFORMATION.

   (a)    Owners of a vacant structure shall register each vacant structure on a form supplied by the City. The registration form shall require, but is not limited to, the following information:

      (1)    The street address of the vacant structure;

      (2)    The type of vacant structure;

      (3)    The square footage of each vacant structure;

      (4)    The name, residence address, telephone number, e-mail address, mobile telephone number, and facsimile number of all owners of the vacant structure;

      (5)    The name, address, telephone number, and e-mail address of the person authorized to make or order repairs or services for the vacant structure, if in violation of the Building and Housing Code, if the person is not the owner;

      (6)    If an owner resides or is domiciled outside the City, the name, address and telephone number of a person located within the City who is designated to accept all legal notices of fees due or services of process with respect to the vacant structure;

      (7)    If the owner is a corporation or a limited liability company, the name(s), address(es), and telephone number(s) of an officer of the corporation or limited liability company who is designated to accept all legal notices of fees due or services of process with respect to the vacant structure;

      (8)    If the owner is an estate, the name, address and telephone number of the executor of the estate;

      (9)    If the owner is a trust, the name, address and telephone number of the trustee(s) designated to accept all legal notices of fees due or services of process with respect to the vacant structure;

      (10)    If the owner is a partnership, the names, addresses and telephone number of all partners with an interest of ten percent (10%) or greater;

      (11)    If the owner is any other form of unincorporated association, the names addresses and telephone numbers of all principals with an interest of ten percent (10%) or greater.

   (b)    Amending Information. If the registration information collected in accordance with this section changes or becomes inaccurate during the course of any calendar year, it is the responsibility of the owner, responsible party or agent for the same to contact the Code Enforcement Agency Official within thirty (30) days of the occurrence of such change and advise the department of those changes in writing.

   (c)    If an owner of a vacant structure has failed to register in compliance with Section 1760.06 (a) of this article, the Code Enforcement Agency Official may post a notice on the subject structure directing the owner to either:

      (1)    Register the structure in accordance with the provisions of this article;

      (2)    Provide the Code Enforcement Agency Official with evidence demonstrating that the structure is not a vacant structure as defined by this article. In addition to posting the aforementioned notice on the structure itself, the Code Enforcement Agency Official shall, via registered mail or via regular mail if registered mail is unsuccessful, send a copy of the same notice to the record owner of the property according to the tax or other public records maintained by the assessor or sheriff of Kanawha County. If, within thirty (30) days of posting and mailing, the owner has neither registered the property in the vacant property registration created by this article nor demonstrated to the satisfaction of the Code Enforcement Agency Official that the property is not a vacant structure, then the Code Enforcement Agency Official shall add the structure to the vacant property registry;

      (3)    Proof of a liability insurance policy, if any, in force for the protection of surrounding property owners, so as to ensure that the purposes of this article are met; or

      (4)    The owner's plan for maintenance and repair of the property, including the time within which the owner anticipates completion of all repairs necessary to bring the property into compliance with the city building code. (Ord. 2020-13. Passed 12-7-20.)

1760.07 FEES.

   (a)    Vacant Structure Fee. There shall be a fee for each vacant structure subject to registration on the vacant property registry. The fees shall be remitted to the City Clerk as determined by the following:

      (1)   A two hundred fifty dollar ($250.00) fee for a vacant structure that is placed on the vacant property registry;

      (2)    A five hundred dollar ($500.00) fee for a vacant structure that is an abandoned building or uninhabitable structure and is placed on the vacant property registry;

      (3)    A one thousand dollar ($1,000.00) fee for a vacant structure or abandoned building that is on the vacant property registry for 12 consecutive full months; and

      (4)    An additional ten dollar ($10.00) fee for each consecutive day that a vacant structure or abandoned building remains on the vacant property registry beyond twelve (12) consecutive months;

   (b)   For the purposes of this section, a year is 365 days.

   (c)    Waiver of Registration Fee. The owner of a vacant structure may request a waiver of the registration fee by providing the Code Enforcement Agency Official said request in writing. The Building Inspector may, on a case-by-case basis and for good cause shown, grant a waiver request.

   (d)    Violations and Penalties for Failure to Register Vacant Structures. The failure or refusal of any owner to register a vacant structure as required by this article, or failure to comply with any of the terms of this article shall constitute a violation punishable upon conviction thereof by a fine in the amount of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. It shall be a separate violation for each month that an owner knowingly fails or refuses to register a vacant structure as required by this article.

   (e)    Dedicated Account. All fees collected pursuant to this article shall be deposited into a separate, dedicated account and shall only be used to:

      (1)    Repair, close or demolish a vacant structure as authorized in W.Va. Code§ 8-12-16; or ·

      (2)    Improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant properties; or

      (3)    Implement, monitor, and administer this article.

         (Ord. 2020-13. Passed 12-7-20.)

1760.08 PUBLICATION.

   The City may, from time to time and in its reasonable discretion, publish or disclose certain information contained in the vacant property registry, including, but not limited to:

   (a)    General demographic information about vacant structures registered on the vacant property registry;

   (b)    The address of vacant structures on the vacant property registry;

   (c)    The owners of each vacant structure;

   (d)    The amount of time any vacant structure has been on the vacant property registry; and

   (e)    The amount of any delinquent fees due under this article, or otherwise due to the City (e.g. City Services fees) for any vacant structure.

      (Ord. 2020-13. Passed 12-7-20.)