It shall be unlawful for any owner or owners of any structure, dwelling or building determined by the Building Safety Commission to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare, and/or in violation of the State Building Code, to fail to comply with any Order of the Commission to repair, vacate, remove or demolish any such structure, dwelling or building, or any other Order of the Commission from which no appeal or other remedy has been invoked. A Complaint setting forth a violation of this Article shall be initiated upon a sworn or affirmed Statement before the Municipal Judge. If the Municipal Judge finds probable cause, the sworn Statement becomes the Complaint that initiates the Misdemeanor proceeding. This Complaint along with a Summons shall set forth the date, time and place of appearance before the Municipal Judge, shall be served in accordance with the law of the State of West Virginia, concerning the service of process in civil actions, except that personal service of a Summons and Complaint may be made by a Code Enforcement Agency Official. If service is made by certified mail under Rule 4 of the West Virginia Rules of Civil Procedure and delivery of the Summons and Complaint is refused, the Code Enforcement Agency Official, promptly upon receipt of the Notice of the refusal, shall mail to the person or entity being Noticed, by first class mail, postage prepaid, a copy of the Summons and Complaint. If the first class mailing is not returned as undeliverable by the U.S. Postal Service, service of the Summons and Complaint is presumed to be effectuated. Upon service of the Summons and Complaint consistent with this Section, the violation may be prosecuted consistent with this Article. Any person or entity convicted of an offence under this Section shall be fined not more than five hundred dollars ($500.00) for each such offense. (Ord. 2018-03. Passed 6-19-18.)