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(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.)
(a) Except for those owners who have properly perfected an appeal, if an owner fails to pay any amount due, said amount shall constitute a debt due and the City may commence a civil action to collect such unpaid debt. In the event service is not attained by certified mail, alternative means of service may be used consistent with the West Virginia Rules of Civil Procedure for service.
(b) In lieu of, or in addition to, commencing a civil action as authorized by Section 1760.13 (a) above, the City Clerk may, in accordance and conjunction with W.Va. State Code § 8-12-16c(d), file a lien for unpaid registration fees against the property where the vacant structure is situated.
(Ord. 2020-13. Passed 12-7-20.)
It shall be the responsibility of the owner of a vacant structure to ensure the following:
(a) Vacant structures shall be secured so as not to be accessible to unauthorized persons. Securing of vacant structures includes, but is not limited to, closing and locking windows, doors, walk through sliding and garage gates, and any other openings that may allow access to the interior of the structure. In the case of broken windows, securing means re-glazing or boarding the windows.
(b) The owner shall inspect the property on a regular basis to determine if the structure is in compliance with the requirements of this article and all applicable provisions of the Building and Housing Code.
(c) The owner of a vacant structure shall perform or provide for the performance of periodic maintenance including:
(1) Exterior property areas shall be mowed regularly, and noncultivated gardens maintained at no more than 10 inches of growth. All noxious weeds are prohibited.
(2) Unstable interior and exterior surfaces and components shall be removed.
(3) Unstable or unsound accessory structures shall be razed or renovated.
(4) All loose, deteriorated, missing, or broken windows and doors shall be covered by using wood sheet goods or better, to be cut and neatly fit to the opening.
(5) All loose or deteriorated trim, gutter or overhang extensions (masonry or frame) shall be repaired, securely reattached, or removed to prevent falling.
(6) Regular routine monitoring of the structure shall occur by the owner to ensure that the structure is kept in compliance with the above items.
(7) All vacant structures or lots shall be posted as No Trespassing by signage. Upon said signs there shall be written or printed in legible letters at least two inches in height, the words "PRIVATE PROPERTY-NO TRESPASSING"; secured to the inside of a window or door at the front and rear entrance to a structure; or by signage inserted into the ground on vacant lots.
(Ord. 2020-13. Passed 12-7-20.)
The intent and purpose of this article are separate and distinct from other parts and sections of this City Code and the general laws of the State of West Virginia that may also be applicable. The provisions of this article are applicable to the owners of such vacant structures as set forth herein and are in addition to and not in lieu of any and all other applicable provisions of this City Code.
(Ord. 2020-13. Passed 12-7-20.)