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The Building Official, in the discharge of his or her official duties, and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable hour, in compliance with law.
(Prior Code, § 5-6)
Statutory reference:
Authority to inspect private premises, see W. Va. Code 8-12-15
(A) Any person violating any provision of this chapter, including the Building Code which constitutes part of this chapter, shall, in addition to either or both any fine or imprisonment which may be adjudged by reason of such violation, be liable to the city for any costs or expenses incurred by reason of such violation or by reason of abatement of any nuisance or hazard thereby created or by reason of rectifying any condition on any premises found to be in violation of this chapter.
(B) Any liability so incurred shall be enforceable in the same manner as the collection of other debts and taxes due the city.
(Prior Code, § 5-8)
BUILDING CODE
(A) There is hereby adopted by the Common Council for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures situated within corporate limits of the city that certain building code, being the most current version of the West Virginia State Building Code, dated August 1, 2020, as amended, and the whole thereof, save and except such portions as may hereafter from time to time be deleted, modified, or amended, of which Code not less than one copy, certified by the Mayor, has been and now is filed in the office of the City Clerk, and the same is hereby incorporated and made a part of this section as fully as if set out at length herein, and the provisions thereof shall be controlling in the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of all buildings and structures located within the corporate limits of the city. The State Building Code, identified as Title 87, Legislative Rules, State Fire Commission, Series 4, State Building Code, with its amendments, as the same may hereafter be modified, deleted, or amended, shall be known and cited as “the Building Code”.
(B) (1) The City Council expressly adopts all provisions of the West Virginia State Building Code as have been promulgated pursuant to W. Va. Code 29-3-5(b), as amended. In the event of any subsequent amendment or modification to the State Building Code’s regulatory provisions, i.e., any amendments or modifications, then the city’s Building Code shall thereby be amended and modified immediately upon the enactment date of any amendments or modifications to the State Building Code by the state, without necessitating the enactment of any further amendatory ordinances by the City Council.
(2) In addition to the regulatory provisions contained and set forth in the State Building Code, all additional regulatory provisions contained and set forth in the city’s ordinance adopted on July 28, 2021, as hereinabove referenced, shall continue to be valid and enforceable and shall be deemed to supplement the provisions of the State Building Code, which are expressly hereby adopted by the City Council.
(C) The State Building Code, and any amendments thereto, is adopted for the benefit, health, and welfare of the people of the city.
(Ord. passed 2-7-1983; Ord. passed 10-4-1993; Ord. passed 7-28-2021)
Charter reference:
Authority to regulate the building of houses and other structures, see Charter § 30
Statutory reference:
Authority to eliminate hazards and to abate public nuisances, see W. Va. Code 8-12-5(23)
Authority to inspect private premises, see W. Va. Code 8-12-15
Authority to provide for the regular building of structures, see W. Va. Code 8-12-5(28)
Authority to regulate dwellings unfit for human habitation, see W. Va. Code 8-12-16
Authority to regulate the construction or alteration of structures, see W. Va. Code 8-12-13
Authority to require permits for construction of structures and equipment, see W. Va. Code 8-12-14
The Common Council expressly adopts all of the state smoke detector provisions of W. Va. Code 15A-10-12, as amended, and with respect to the monitoring, compliance, and enforcement of said statutory provisions, specifically hereby authorizes and empowers the city’s Building Official(s) to conduct all reasonable and necessary inspections, and further to enforce compliance with the aforesaid statute in the manner as is more particularly provided therein, together with all state officials specifically empowered by the state to enforce compliance with the aforesaid statute.
(Ord. passed 10-4-1993)
(A) (1) The Building Official, as defined pursuant to an ordinance adopted by the City Council on October 4, 1982, and recorded in Ordinance Book 2 at Page 263, shall for all purposes continue to be the person authorized by the City Council to act as the administrator in the day-to-day application of all building and housing standards adopted by the city’s ordinance of February 7, 1983, as found in Ordinance Book 2 at Page 266, and of the Building Code provisions therein, and herein contained and set forth.
(2) A Building Board of Appeals shall be created consisting of five members appointed by the City Council. Such Board shall consist of individuals with a practical knowledge and/or expertise in the areas of construction, architecture, electrical and plumbing systems, and sanitation. Each member shall be appointed for the following terms: one for a term of one year, two for a term of two years, and two for a term of three years. Thereafter, as their terms expire, each new appointment should be for a term of three years. Any vacancy should be filled for the unexpired term only. A Board member may be removed for official misconduct or neglect of duty by action of City Council upon presentation of written charges. The Board shall organize and elect a Chairperson and Vice-Chairperson from its membership and should prescribe rules for the conduct of its affairs in accordance with applicable law.
(3) The Building Board of Appeals shall hear and determine appeals from and review any order, requirement, decision, or determination made by an administrative official or board charged with the enforcement of any ordinance of regulation adopted pursuant to this subchapter. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from as in its opinion ought to be done in the premises, and so that in the end shall have all the powers of the officer or board from whom the appeal is taken.
(4) The procedure for an appeal to the Building Board of Appeals shall be as follows.
(a) Any appeal from the requirements of this subchapter shall be taken within ten days from the date of receipt of the order of the Building Official(s) by filing with the officer from whom the appeal is taken and with the Building Board of Appeals, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Building Board of Appeals copies of all of the documents in the officer’s possession regarding the action upon which the appeal is taken.
(b) The appellant shall, at the time of filing his or her appeal, pay the enforcing officer a fee of $25, or other amount deemed appropriate by the Municipal Court, to defray or help defray the cost of required advertising and other expenses.
(c) Each appeal shall be tried on its merits at a public hearing. Notice of such appeal shall be given by publishing in a newspaper of general circulation in the city and in accordance with the applicable law. The Building Board of Appeals shall give additional notice as required by law to all parties in interest, and they may adjourn the hearing for the purpose of giving such further notice.
(d) The Building Board of Appeals shall sit and decide each appeal within a reasonable time and notice thereof shall be given to all parties interested. The decision of the Building Board of Appeals shall be immediately filed in the place designated for the keeping of its records. In the exercise of its functions upon such appeals, the Building Board of Appeals may, in conformity with law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as in its opinion be made.
(e) Any person aggrieved by any decision of the Building Board of Appeals may appeal therefrom, within 30 days, to the County Circuit Court as provided by the laws of the state.
(B) Code Appeals Board.
(1) The city will utilize a “State Building Code” appeals board instead of a separate appeals board for each national code adopted in § 150.001 and further described in this chapter. This Board may also be referred to as Code Appeals Board. Code Appeals Board shall mean the board which hears appeals stemming from the State Building Code.
(2) The city may adopt one or more appendices of these national codes that are not included in the State Building Code. The city will make that determination to adopt appendices at a later date.
(Ord. passed 10-4-1993; Ord. passed 7-28-2021)
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