(a) At the time of adoption of this article, all owners of realty within the City of Wheeling that contain a vacant structure, as defined above, shall register the same with the office of the Collector Treasurer of the City. For those structures that qualify as a vacant structure and after the adoption of this article, the owner thereof shall be required to register the structure with the Collector Treasurer Office within 30 days after the structure is found to meet the definition of a vacant structure. The registration form shall require information from the registrant deemed necessary by the City Manager, Building Inspector, Fire Chief, City Engineer and Police Chief of the City, so as to ensure that the purpose of this article is met. Specifically, the above named City officers shall have the authority to require that the property owner provide a professional opinion (architect, engineer, etc.) to determine the structural integrity of the building, the repairs necessary to ensure its structural integrity and that it will be safe for entry by fire fighters and police officers in time of emergency, and that the building and its contents do not present a hazard to the public during the time the building remains vacant. The above named officers shall have the authority to issue orders to the owner for corrective action deemed necessary. The Building Inspector and Fire Chief shall rely upon the West Virginia State Building Code and Fire Code, as well as other applicable law, for guidance during any such structural review.
(b) Registration statement and fees; local agent. If none of the persons listed, as above, is shown at an address within the state, the registration statement also shall provide the name and address of a person who resides within the state and who is authorized to accept service of process on behalf of the owners and who shall be designated as a responsible, local party or agent, both for purposes of notification in the event of an emergency affecting the public health, safety or welfare and for purposes of service of any and all notices or registration statements as herein authorized and in connection herewith. Registration shall be required for all vacant buildings, whether vacant and secure, vacant and open or vacant and boarded, and shall be required whenever any building has remained vacant for 45 consecutive days or more. In no instance shall the registration of a vacant building and the payment of registration fees be construed to exonerate the owner, agent or responsible party for compliance with any other building code or housing code requirement. One registration statement may be filed to include all vacant buildings of the owner so registering, but each structure constitutes a separate fee. The owner of the vacant property as of the last day of the month when the property has been registered of each calendar year shall be responsible for the payment of the non-refundable annual registration fee. Said annual fee shall be billed by the City; and based on the duration of the vacancy as determined by the following scale:
No fee for properties that are vacant for less than one year;
$200.00 for properties that are vacant for at least one year but less than two years;
$400.00 for properties that are vacant for at least two years but less than three years;
$600.00 for properties that are vacant for at least three years or more.
(c) Use of Fees by City. The fees collected pursuant to this section shall be deposited into a separate account maintained by the Treasurer, which shall be used for the following purposes:
(1) To improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant properties;
(2) Monitor and administer this section; and
(3) Repair, close or demolish a vacant structure as authorized by Chapter 8, Article 12, Section 16 of the West Virginia Code and by Article 1719 of the Codified Ordinances of the City.
(Ord. 2012-2-1. Passed 3-13-12.)