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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
The agency shall designate and appoint an executive officer to exercise powers granted it, and such officer shall serve at the will and pleasure of the agency and shall be paid such compensation as the agency may prescribe, subject to limitations of funds appropriated and available for such purpose.
(Prior Code, § 5-27)
The agency shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes of this subchapter, including the following powers in addition to others granted:
(A) To investigate the conditions of the dwellings, buildings, and structures in the city in order to determine which are dangerous, unhealthy, or unfit for human habitation;
(B) To administer oaths, affirmations, examine witnesses, and receive evidence;
(C) To enter upon premises for the purpose of making examinations; provided, that any entrance upon premises for the purpose of making examinations shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
(D) To appoint and fix the duties of such officers, agents, and employees as it deems necessary to carry out the purposes of this subchapter; and
(E) To delegate any of its functions and powers under this subchapter to such officers and agents as it may designate.
(Prior Code, § 5-28)
Whenever a petition is filed with the agency or its executive officer by at least five residents of the city who are property owners, charging that any dwelling, building, or structure is dangerous unhealthy or unfit for human habitation, or whenever it appears to the agency or executive officer that any dwelling, building, or structure is dangerous, unhealthy, or unfit for human habitation, the executive officer shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling, building, or structure a complaint stating the charges and containing a notice that a hearing will be held before the agency, at a place therein fixed, not less than ten nor more than 30 days after the serving of such complaint. The owner and parties in interest shall have the right to file an answer to the complaint prior to such hearing and to appear in person, or otherwise, and give testimony at the time and place fixed in the complaint; the hearing shall be informal and strict rules of procedure shall not be followed or required.
(Prior Code, § 5-29)
(A) Before the agency takes any action with respect to the condemnation, repair, alteration, improvement, vacating, closing, or demolishing, or before ordering any of the foregoing, the agency shall determine that a dwelling, building, or structure is dangerous, unhealthy, or unfit for human habitation for the owner or occupant or other residents of the city; such findings may include, but are not limited to, the following:
(1) Dilapidation, deterioration, age, and obsolescence;
(2) Inadequate provision for ventilation, air, and sanitation;
(3) Existence of conditions which endanger life or property by fire or other causes;
(4) Conditions conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, and crime; or
(5) Condition constituting a nuisance.
(B) The agency may provide from time to time additional standards for determining the conditions above stated.
(Prior Code, § 5-30)
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