The Enforcement Agency shall:
(a) Inspect on a regular basis all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial and manufacturing structures and dwellings for the purpose of determining whether any conditions exist which render such place a dangerous and unsafe building as defined in this article.
(b) Upon a pre-hearing determination by the Enforcement Agency or its agent that a building, structure or portion thereof is unsafe, unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause such dwellings or buildings to be unsafe, unsanitary, dangerous or detrimental to the public health, safety and welfare, the Building Official shall serve or cause to be served on the owner, or someone of the owners, executors, administrators, agents, lessees or other persons who may have a vested or contingent interest in the same, a written notice containing a description of the building or structure or portion thereof deemed unsafe, etc., a statement of the particulars in which the
building or structure or portion thereof is unsafe, etc., and an order requiring the same to be made safe and secure or removed, as may be deemed necessary by him. All complaints, notices and orders issued by the Enforcement Agency shall be served in accordance with the law of this State concerning the service of process and civil actions and shall, in addition thereto, be posted in a conspicuous place on the premises effected by the complaint, notice or order. Also to be included within the order shall be a notice of a hearing, which notice shall be substantially in this form:
TO:
N O T I C E
You are hereby duly notified that pursuant to Chapter 8, Section 12, Article 16 of the 1931 West Virginia Code, as amended, and the Code of the Town of Star City, as amended, that the Enforcement agency for the Building Code has determined that the building located at is unsafe or dangerous for the following reasons:
1.
;
2.
;
3.
.
(c) Pursuant to the notice served or mailed or published as above provided, a hearing shall be held before the Enforcement Agency of the Town, at the time and place fixed by such order, at which time the owner of the dwelling or building affected shall be given an opportunity to be heard and to make any proper legal defense, after which the Enforcement Agency shall enter an order as to its decision and if its decision be against the owner of the property, then the order shall direct whether the dwelling or building shall be repaired, altered, improved, vacated, closed, removed or demolished; provided, that the order shall state a reasonable time for compliance therewith by such owner and shall state that if the owner does not comply with the order as directed, the Enforcement Agency of the Town shall carry out the enforcement of its own order by causing to be made the repairs, alterations, improvements, vacating and closing, removal or demolishing of the dwelling or building, and the costs for the same, including the costs of the proceedings herein provided, after the sale of salvaged material is credited to the account,
shall be a lien against the real property upon which such costs where incurred and the Enforcement Agency shall cause such lien to be recorded in the deed of trust books in the office of the Clerk of the County Court within thirty days after the work has been completed and the total costs therefor ascertained. Any owner of a dwelling or building who is proceeded against under by virtue of this section shall have the right to appeal to the Circuit Court of the County for a temporary injunction restraining the Enforcement Agency, as an agent of the Town, pending final disposition of the cause, and hearing shall be had by such court as soon thereafter as possible.
(Passed 3-7-78.)