(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.)