Section
153.01 Adoption
153.02 Purpose
153.03 Definitions
153.04 Registration
153.05 Inspection
153.06 Corrective action
153.07 Right of appeal; waiver of registration fee
153.08 Amending information
153.09 Reinspection
153.10 Non-payment of fees/liens
153.11 Unpaid registration fees; legal remedies
153.12 Registration fees used for specific purposes
153.13 Relation to other codes and laws
153.14 Schedule of fee rates; process example
153.99 Penalty
(A) Pursuant to W. Va. Code 8-12-16C, the city enacts an updated vacant building and property registration and maintenance program. Any prior vacant structure or vacant building and property registrations programs or codes or ordinances (“prior codes”) are hereby repealed and replaced with this chapter.
(B) Buildings and property registered under prior codes shall be considered registered for the purpose of this chapter. However, the owners of said buildings and/or property must alert the Building Code Official to prior registration(s) and the Building Code Official shall take measures to transition any registration payments or time computations into the parameters set by this chapter.
(C) Any civil actions or other legal processes brought under prior codes are still in effect until the resolution of such issue and shall be governed by the language and rules of the prior code under which the issue was instituted.
(Ord. 2022-06, passed 3-7-2022)
(A) The city has determined that uninspected and unmonitored vacant structures may present a fire hazard; may provide temporary occupancy for transients (including drug abusers and traffickers); may detract from private and/or public efforts to rehabilitate or maintain surrounding buildings; and that the health, safety, and welfare of the public is served by the regulation of such vacant buildings.
(B) Owners of vacant structures shall register such vacant buildings with the city, make payment of a fee for the registration thereof, and otherwise conform to these vacant building regulations.
(C) It is the intent of this chapter that, through a registration, inspection, and monitoring process, vacant structures will be kept weather tight and secure from trespassers, will provide safe entry to police officers and firefighters in times of emergency, will not impede private and/or public efforts to rehabilitate or maintain surrounding properties, and will not present otherwise a public hazard.
(D) The city, by and through its departments (particularly the Building Code Enforcement Department) shall inspect and monitor vacant buildings, shall assess the effects of the condition of those buildings on nearby structures, and shall promote substantial efforts to rehabilitate and develop such buildings when appropriate.
(E) The provisions of this chapter shall streamline and consolidate the existing procedure (that is, complaint, research, notification, inspection, orders, fines, liens, appeals, and due process lien enforcement) by placing the responsibility to register and maintain a vacant structure on the owner of such structure before a condition of the structure falls into disrepair or otherwise merits a complaint.
(Ord. 2022-06, passed 3-7-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDED. A building or structure subject to the provisions of this chapter shall be deemed to be “boarded” if in place of one or more exterior doors, other than a storm door, or of one or more windows, there is a sheet or sheets of plywood or similar material covering the space for such door or window.
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS. The safe and lawful maintenance of the facade, windows, doors, roof, and other parts of the exterior of the structure and the maintenance of its major systems consisting of the roof, electrical and plumbing systems, water supply system, sewer system, and sidewalk, driveway, if any, area of the lot, as applicable and as enforced by the ECDD, particularly in connection with codes adopted by the city as well as all applicable local, state, and federal laws.
LAWFUL BUSINESS. Any business not forbidden by federal, state, or municipal laws. The term LAWFUL BUSINESS shall also mean that the business owner has acquired and maintains a business license issued by the city.
OCCUPY/OCCUPIED/OCCUPIES. Any building or structure shall be deemed to be “occupied” if one or more persons actually conducts a lawful business or lawfully resides in the building or structure as the licensed business occupant, or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent, non-transient basis, or any combination of the same. For purposes of this section, evidence offered to prove that a building or structure is so OCCUPIED may include, but shall not be limited to, the regular receipt of delivery of regular mail through the United States Postal Service; proof of continual telephone, electric, gas, heating, water, and sewer services; a valid city business license, or the most recent federal, state, or city income tax statements indicating that the subject property is the official business or residence address of the person or business claiming occupancy; or proof of bona fide pre- rental inspection.
OPEN. A building or structure subject to the provisions of this chapter shall be deemed to be “open” if any one or more exterior doors other than a storm door is broken, open, and/or closed, but without a properly functioning lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusion, or any combination of the same.
OWNER. An owner of the freehold of the premises or any lesser estate therein, a mortgagee, a vendee-in-possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm, or, corporation that is directly or indirectly in control of a building subject to the provisions of this chapter, and as set forth below.
VACANT BUILDING/ VACANT STRUCTURE.
(1) A building or structure shall be deemed to be vacant if:
(a) No person or persons actually currently conducts a lawfully licensed business, including city business, on the premises;
(b) Lawfully resides, dwells, or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, non-transient basis; and/or
(c) A building or structure shall be deemed vacant and subject to the registration and possible penalty provisions provided herein if the exterior maintenance and other relevant systems of the building and the surrounding real property thereof are in violation of the city building codes or applicable city health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas (e.g., applicable heating sources), water service, and the like. “Continued” is meant to be without more than one 30-day interruption in any given 360-day period. In order for such continual utility service to be considered as being actually in use as described in this chapter, it must be more than merely registered to the owner for purposes of billing and must be utilized, at a minimum, in order to keep the property and the major systems of the building in compliance with building and safety codes. The person or entity asserting that there has been continued utility service has the burden to produce actual bills evidencing utility service for the relevant period.
(2) All vacant structures shall also comply with the following criteria:
(a) Exterior property areas are to be mowed regularly and non-cultivated gardens maintained at no more than six inches of growth. All noxious weeds are prohibited;
(b) Structure is to be broom swept and cleared of all contents, not including building materials or components to be used in the future renovation at that structure;
(c) Electrical service is to be provided to the building via temporary pole service on the exterior of the structure or create a permanent service for the structure and install two GFCI protected receptacles;
(d) NEC and OSHA compliant string lighting is to be provided to the entire structure so that it may be illuminated as needed to view the structure;
(e) Unstable interior and exterior surfaces and components are to be removed. Unstable or unsound accessory buildings are to be razed or renovated;
(f) Using wood sheet goods: all loose, deteriorated, and broken windows and doors are to be covered to eliminate the danger of their falling and to prevent the unwanted entry of trespassers. Such wood sheet goods are to be cut and neatly fit, not just nailed over the opening;
(g) All loose or deteriorated trim, gutter, or overhang extensions (masonry or frame) are to be removed or reattached to prevent falling;
(h) Regular routine monitoring of the structure is to occur by the owner to ensure that the building is being kept in compliance with the above items;
(i) Utilities need to be connected to the structure;
(j) The Building Code Official may allow, at his or her discretion, deviations from these requirements if the situation and fairness allow such deviation(s); and
(k) The property or structure shall not be deemed as occupied simply because the above measures have been taken or are being taken to conform to these requirements.
VACANT PROPERTY/VACANT LOT. Any real estate on which no building is erected and no routine activity occurs; provided, however, that proper routine maintenance of a vacant lot whereon no property violations exist shall constitute as routine activity for the purposes of this chapter, whether or not that VACANT PROPERTY/LOT is used in conjunction with improved adjacent real estate. For further provisions, see the definition of “vacant building/vacant structure” above.
(Ord. 2022-06, passed 3-7-2022)
(A) The registration of buildings and payment of fees shall adhere to the schedule of fees and payments outlined in § 153.14 and other applicable provisions of this chapter.
(B) (1) The requirements of this chapter shall be applicable to each owner of any building that is found to be vacant pursuant to the language contained herein.
(2) Each such owner shall cause to be filed with the city:
(a) A notarized registration statement including the street address and parcel number of each such vacant property or building;
(b) The names and addresses of all owners, as hereinafter described; and
(c) Any other information deemed necessary by the Building Code Enforcement Department.
(3) In the event the owner(s) of structure/property deemed vacant does not register the structure, the city shall cause the structure/property to be registered, and in the event the owner(s) do not pay the registration fees then the city shall have the authority to institute legal proceedings consistent with legal remedies identified in this chapter.
(C) The registration fee(s) as required by this chapter shall be billed to the owner(s) and shall be paid within 30 days of the date of billing.
(D) For purposes of this chapter, the following shall also be applicable:
(1) If the owner is a corporation, the registration statement shall provide the names and residence addresses of all officers and directors of the corporation and shall be accompanied by a copy of the most recent annual franchise tax report filed with the secretary of state;
(2) If an estate, the name and business address of the executor of the estate;
(3) If a trust, the name and address of all trustees, grantors, and beneficiaries;
(4) If a partnership, the names and residence addresses of all partners with an interest of 10% or greater;
(5) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of 10% or greater; or
(6) If an individual person, the name and residence address of that individual person.
(E) (1) On June 1, 2022, all owners of property within the city that contain a vacant structure, as defined in § 153.03, shall register the same with the Building Code Enforcement Department. For those structures that subsequently qualify as a vacant structure after June 1, 2022, the owner thereof shall be required to register the structure with the Building Code Enforcement Department 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 Code Official, Fire Chief, and Chief of Police of the city, so as to ensure that the purposes of this chapter are met. Specifically, the above named city officers shall have the authority to require that the property owner provide a professional opinion (e.g., an architect, engineer, and the like) 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 firefighters 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 Code Official 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.
(2) If none of the vacant structure or vacant property owners at issue are 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 30 consecutive days or more.
(3) 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. See § 153.14 for registration and vacant building fees.
(Ord. 2022-06, passed 3-7-2022) Penalty, see § 153.99
At the time of registration, the Building Code Official, Fire Chief, and Chief of Police shall determine whether it is necessary for any or all of them to inspect the structure so as to identify any public safety issues needing addressed. Inspections shall also be available to verify the status of any property concerning occupancy, vacancy, and the like. If an internal inspection is deemed necessary, the owner will be notified of the same and arrangements made for the same. If the owner fails or refuses to consent to and arrange for an inspection, the city, before performing any inspection, must seek an administrative search warrant from a court of competent jurisdiction, which shall include the Municipal Court, to authorize inspection of the premises for the purpose of determining the structural integrity of the building, the repairs necessary to ensure its structural integrity and that it will be safe for entry by firefighters 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 that the building remains vacant.
(Ord. 2022-06, passed 3-7-2022)
The property owners shall be notified, in writing, of any corrective action deemed necessary for life, safety, and Building Code matters by city officials, the applicable code provisions or regulations, and will be afforded a reasonable time to perform the corrective action. Corrective action concerning the occupancy of vacant structures is discussed later herein.
(Ord. 2022-06, passed 3-7-2022)
(A) Appeal rights. The owner shall have the right to appeal the imposition of the registration fees to the City Manager. An appeal shall exist upon the filing of an application, in writing, to the Building Code Enforcement Department no later than 15 calendar days after the date of the billing statement. On appeal, the owner shall bear the burden of providing satisfactory objective proof of occupancy as defined in this chapter.
(1) Within five days of receiving an appeal, the Building Code Official shall alert the City Manager to such appeal and the City Manager shall hear said appeal within 30 calendar days of the date the appeal was filed. The City Manager shall provide the parties with adequate notice of any hearing. Parties to the hearing may be represented by another person.
(2) The decision of the City Manager may be appealed to the Municipal Court.
(3) The decision of the Municipal Court may be appealed to any court of competent jurisdiction.
(B) One-time waiver of registration fee. A one-time waiver of the registration fee per property/structure is available. A waiver shall not last more than 60 days unless, in his or her discretion, the City Manager permits a longer waiver or an extension of any waiver. A party may seek such waiver through the Building Code Enforcement Department. The Building Code Official shall provide such waiver to the City Manager within five days of receiving such waiver request. The waiver may be granted by the City Manager or his or her designee, upon review and advice of the Building Code Official and/or other relevant authorities, if the owner:
(1) Demonstrates with satisfactory proof to the City Manager or his or her designee that he or she is in the process of demolition, rehabilitation, or other substantial repair of the vacant building; and
(2) Objectively demonstrates to the City Manager or his or her designee a reasonable anticipated length of time for the demolition, rehabilitation, or other substantial repair of the vacant building;
(3) Provides satisfactory proof to the City Manager or his or her designee that he or she was actively attempting to sell or lease or rent the property during the vacancy period; or
(4) Provides satisfactory proof to the City Manager, to be evaluated on a case-by-case basis, that the vacancy is temporary and may be due to illness of the owner, active military service, or some other reasonable explanation believed to be short term in nature and document able as necessary.
(C) Grant or denial of request. Within 30 days, or as soon thereafter as possible, after the waiver application is received by the City Manager or his or her designee, the City Manager or his or her designee shall grant or deny the waiver or request for extension, in writing, and dispatch the written decision by mail to the owner.
(1) If the owner properly submitted an application for a one-time waiver or request for extension to the City Manager or his or her designee, and the City Manager or his or her designee rendered a decision which the owner seeks to appeal, the owner may appeal to the Municipal Court.
(2) To constitute a timely appeal, the owner must file an application in writing no later than 15 calendar days from the date of the City Manager or his or her designee’s decision. The Municipal Court shall either grant or deny the appeal.
(3) Thereafter the decision of the Municipal Court is final, unless within 15 days of such decision is appealed to a court of competent jurisdiction. Such appeal shall stay any registration and/or payment of registration fees or other actions available to the city concerning the property/structure at issue related to vacant building registration.
(Ord. 2022-06, passed 3-7-2022)
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