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(A) (1) The Building Official or his or her duly authorized agents shall, acting alone or in conjunction with the Director of Health of the County Health Department or his or her agents, enforce the provisions of the Minimum Housing Standards Code within the limits of the city. In furtherance of such enforcement, he or she, or his or her agents, shall examine dwellings and housing units, the maintenance of which require the obtaining of a permit. He or she shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Minimum Housing Standards Code, and render written reports of the results thereof to the Mayor.
(2) To enforce compliance with that Code and to remove or abate illegal or unsafe conditions, the Building Official shall, either alone or in conjunction with the Health Director, issue such notices or orders as may be necessary and which are authorized by that Code or any amendments thereto.
(B) The Building Official shall keep comprehensive records of applications received, of permits issued, of inspections made, of reports rendered, and of notices or orders issued relative to the enforcement of the Minimum Housing Standards Code. Such records shall be open to public inspection for good and sufficient reasons during regular office hours, but shall not be removed from the office of the Building Official without his or her written consent.
(Prior Code, § 5-19)
Whenever any provision of the Minimum Housing Standards Code is in conflict with any other provision of this city code or other ordinance of the city, the more stringent provision shall prevail. Whenever any provision of the Minimum Housing Standards Code is in conflict with any provision of state law or of any rule or regulation promulgated pursuant to state law, the more stringent provision shall prevail, unless otherwise provided by state law or by rule or regulation promulgated pursuant thereto.
(Prior Code, § 5-21)
(A) As amendments to the 1970 edition, and as new editions of the BOCA Basic Housing Code are published from time to time by the Building Officials Conference of America, it shall be the duty of the Building Official to file a copy of each thereof in the office of the City Clerk and to notify the Common Council of such filing and his or her recommendations, if any, as to such changes therein as he or she may deem advisable in the interests of the city.
(B) Upon the adjournment of the second regular meeting of the Common Council following each such filing and notice by the Building Official, the amendments or new editions so filed by him or her and mentioned in his or her notice to the Common Council shall be deemed to have been adopted by the Common Council for incorporation in this subchapter as a part thereof, unless provided otherwise by the Common Council prior to adjournment of such second regular meeting, and such amendments or new editions shall become effective when the copies thereof in the office of the City Clerk have been certified by the Mayor in compliance with the requirements of W. Va. Code 8-11-4(b).
(Prior Code, § 5-22)
BUILDINGS DANGEROUS, UNHEALTHY, OR UNFIT FOR HUMAN HABITATION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENCY. The city building enforcement agency created pursuant to this subchapter, exercising the powers, rights, and duties as hereinafter provided.
DWELLINGS, BUILDINGS, AND STRUCTURES. Any house, dwelling, building, structure, and appurtenances regardless of character, form, designation, or otherwise.
OFFICER. The officers authorized under this subchapter.
OWNER. The holder of the title in fee simple and every lien holder of record.
PARTIES IN INTEREST. All persons who have interests of record in such dwellings, buildings, and structures and any who are in actual possession thereof.
(Prior Code, § 5-24)
This subchapter is enacted pursuant to authority contained in W. Va. Code 8-12-16, and nothing herein contained shall be construed to abrogate or impair the power of any department of the city to enforce any provision of its Charter or this code or other ordinance or regulation; nor to prevent or punish violations, and the powers conferred by this subchapter shall be in addition and supplemental to the powers conferred by any other law of the state or ordinance of the city.
(Prior Code, § 5-25)
There is hereby created the city building enforcement agency, hereinafter referred to as “the agency”, which shall consist of the Mayor, the Building Official, or the City Engineer or person acting as City Engineer, as determined by the Common Council, plus one member at large to be selected by and serve at the will and pleasure of the Mayor. The Fire Chief shall be ex officio a member of the agency. The County Health Officer, if he or she agrees to serve, shall also be ex officio a member of the agency.
(Prior Code, § 5-26)
Statutory reference:
As to composition of such agency, see W. Va. Code 8-12-16
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