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(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.)
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.)
A change in ownership of a vacant structure shall not remove the vacant structure from the vacant properties registry or from the requirements of this article. Fees arising under Section 1760.07 shall continue to accrue at the applicable rate until the structure either no longer constitutes a vacant structure or qualifies for an exemption under Section 1760.05, all transfers of ownership notwithstanding.
(Ord. 2020-13. Passed 12-7-20.)
(a) The Code Enforcement Agency Official shall conduct inspections of structures on the vacant property registry, and, to the extent feasible shall take such reasonable steps to ensure the structure
(1) Is being kept weather tight and secure from trespassers,
(2) Provides for safe entry to police officers and firefighters in times of emergency,
(3) Does not impede private and/ or public efforts to rehabilitate or maintain surrounding properties; and
(4) Otherwise does not present a public hazard. Inspections shall occur at the time of registration and at least annually. For the purposes of this article, an inspection may be, at the discretion of the Code Enforcement Agency Official, a visual inspection of the exterior of the vacant structure.
(b) Entrance upon property and into structures for the purpose of conducting inspections shall be made in a manner that minimizes inconvenience to any person in possession of the property or its owner.
(c) If a property owner or the person in possession of a property or structure refuses to consent to and schedule inspection, the City shall seek a search warrant from a court of competent jurisdiction, which shall include the City's municipal court, to authorize inspection for determining whether a vacant structure is:
(1) Uninhabitable;
(2) Safe for entry by fire fighters and police officers in time of emergency; and
(3) A hazard to the public.
(Ord. 2020-13. Passed 12-7-20.)
(a) After inspecting properties on the vacant structure registry, if the Code Enforcement Agency Official determines the property is uninhabitable and violates the Building Code,
(1) The Code Enforcement Agency Official shall post a written notice on the property that shall include:
A. An explanation of the violation(s);
B. A description of the registration;
C. The date the fee will be assessed;
D. An explanation of how to be removed from the registration;
E. An explanation of the appeals process; and
F. A statement that if the fee is not paid, the property is subject to forfeiture; and
(2) Within five (5) business days of the inspection and the posting of the property, the Code Enforcement Agency Official shall, by certified mail, send a copy of the notice that was posted to the owner(s) of the property at the last known address according to the county property tax records.
(b) Within forty-five (45) days of receipt of the notification by the owner(s), the property owner may:
(1) Make and complete any repairs to the property that violate the applicable Building and Housing Code; or
(2) Provide written information to the Code Enforcement Agency Official showing that repairs are forthcoming in a reasonable period of time.
(3) Will obtain permits to complete any repairs per Section 1705.04, and any other applicable Section of the Building and Housing Code.
(c) After the repairs are made, the owner may request a reinspection of the property to ensure compliance with the Building and Housing Code. If the Code Enforcement Agency Official finds the violations are fixed, the owner is not subject to the uninhabitable structure fee.
(d) The Code Enforcement Agency Official may reinspect the property at any time to determine the progress of repairs. (Ord. 2020-13. Passed 12-7-20.)
(a) Request for Reconsideration. The owner shall have the right to request reconsideration by the Code Enforcement Agency Official of:
(1) The imposition of the registration fees imposed by this article and/or
(2) The designation of a structure as a vacant structure by filing an application in writing to the Code Enforcement Agency Official no later than fifteen (15) calendar days after the date of notification to owner that a property has been placed on the vacant property registry pursuant to Section 1760.06. On the request for reconsideration, the owner shall bear the burden of providing satisfactory proof of occupancy, that the structure in question is not a vacant structure, or that the structure is exempt from registration.
(b) Code Enforcement Agency Official's Determination. Within thirty (30) days, or as soon thereafter as is practicable, after the Code Enforcement Agency Official receives an application pursuant to Section 1760.12 (a), the Code Enforcement Agency Official will contact the owner and afford the owner the opportunity to appear in person for reconsideration or waiver of fee. Within thirty (30) days, or as soon thereafter as is practicable, after consideration of all information provided by the owner, the Code Enforcement Agency Official shall grant or deny the request in writing and provide the owner with a copy of the decision.
(c) Appeal of the Code Enforcement Agency Official's Decision/review
Committee. If the owner filed a request pursuant to Section 1760.12 (a) and received an unfavorable decision from the Code Enforcement Agency Official, the owner may appeal the Code Enforcement Agency Official's decision to a review by the Building and Property Committee (herein referred to as the "review committee") consisting of the Mayor, a City Councilperson, the Fire Chief, the Police Chief, the Public Works Director and a Citizen of the City. The City Council person and Citizen shall be appointed by the Mayor and confirmed by City Council.
An owner appealing the decision of the Code Enforcement Agency Official shall file a written appeal with the City clerk, indicating the portion of the Code Enforcement Agency Official's decision he or she deems inaccurate or incorrect, within fifteen (15) days after notice of the Code Enforcement Agency Official's decision. As soon as is practicable after receiving the appeal, the review committee shall convene an informal hearing to hear the dispute and consider the owner's and Code Enforcement Agency Official's respective positions and arguments. Notice of the informal hearing shall be provided to the owner, and the owner shall be afforded the opportunity to appear in person and be heard on the appeal. As soon as practicable after conclusion of the informal hearing, the review committee shall issue its findings and conclusions in writing either concurring with or rejecting the findings and conclusions of the Code Enforcement Agency Official.
(d) Any owner may appeal a decision of the review committee made pursuant to Section 1760.12 (c) above, within thirty (30) days of the issuance of such decision to the Circuit Court of Kanawha County.
(Ord. 2020-13. Passed 12-7-20.)
(a) Appeal of the Code Enforcement Agency Official's decision/review committee. Within ninety (90) days of receipt of the notification that a structure is uninhabitable, the property owner has the right to appeal the decision of the Code Enforcement Agency Official to a review by the Building and Property Committee (herein referred to as the "review committee") consisting of the Mayor, a City Council person, the Fire Chief, the Police Chief, the Public Works Director and a Citizen of the City. The City Councilperson and Citizen shall be appointed by the Mayor and confirmed by City Council.
(b) If an appeal is not filed within ninety (90) days, the property is registered, and the uninhabitable structure registration fee is assessed to the owner(s) on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of Kanawha County.
(c) If the review committee affirms the registration and assessment of the uninhabitable structure registration fee, the property owner has the right to appeal the review committee's decision to the circuit court of Kanawha County within thirty (30) days of the decision. If the decision is not appealed in a timely manner to the circuit court, the property is registered, and the fee is assessed on the date specified in the notice. The notice of the fee shall be recorded in the office of the clerk of Kanawha County.
(d) A fee assessed under this section for an uninhabitable structure shall be recorded in the same manner as a lien is recorded in the office of the clerk of Kanawha County.
(e) If the uninhabitable structure registration fee is paid, the municipality shall record a release of the fee in the office of the clerk of Kanawha County.
(f) If an owner fails to pay the uninhabitable structure registration fee, the Building Inspector shall annually post the written notice on the property and send the written notice to the owner(s) by certified mail.
(c) If an uninhabitable structure registration fee remains delinquent for two years from the date it was placed on record in the office of the clerk of Kanawha County, the municipality may take action to receive the subject property by means of forfeiture by filing an action in the circuit court. Should the municipality take the steps necessary to receive the subject property, the municipality then becomes the owner of record and takes the property subject to all liens and real and personal property taxes.
(Ord. 2020-13. Passed 12-7-20.)
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