§ 150.006 SAME; RIGHT OF ENTRY.

   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

§ 150.007 SAME; DUTY OF OTHER CITY OFFICERS TO COOPERATE WITH.

   The Building Official may request and shall receive so far as may be necessary, in the discharge of his or her duties, the assistance and cooperation of other officials of the city.

(Prior Code, § 5-7)

§ 150.008 LIABILITY OF VIOLATOR TO CITY FOR ABATEMENT OF NUISANCES AND THE LIKE.

   (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

§ 150.020 STATE BUILDING CODE ADOPTED.

   (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

§ 150.021 ADOPTION OF STATE SMOKE DETECTOR REQUIREMENTS.

   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)