PROPERTY SAFETY ORDINANCE
AN ORDINANCE REGULATING THE REPAIR, ALTERATION OR IMPROVEMENT, OR THE VACATING AND CLOSING OR REMOVAL OR DEMOLITION, OR ANY COMBINATION THEREOF, OF ANY DWELLINGS OR OTHER BUILDINGS UNFIT FOR HUMAN HABITATION DUE TO DILAPIDATION, DEFECTS INCREASING THE HAZARD OF FIRE, ACCIDENTS OR OTHER CALAMITIES, OR ANY OTHER CONDITIONS PREVAILING IN ANY DWELLING OR BUILDING, WHETHER USED FOR HUMAN HABITATION OR NOT, WHICH WOULD CAUSE SUCH DWELLINGS OR OTHER BUILDINGS TO BE UNSAFE, UNSANITARY, DANGEROUS OR DETRIMENTAL TO THE PUBLIC SAFETY OR WELFARE, WHETHER THE RESULT OF NATURAL OR MANMADE FORCE OR EFFECT; AND AN ORDINANCE REGULATING THE REMOVAL AND CLEAN UP OF ANY ACCUMULATION OF REFUSE OR DEBRIS, OR TOXIC SPILLAGE OR TOXIC SEEPAGE LOCATED ON PRIVATE LANDS WHICH IS DEEMED TO BE UNSAFE, UNSANITARY, DANGEROUS OR DETRIMENTAL TO THE PUBLIC SAFETY OR WELFARE WHETHER THE RESULT OF NATURAL OR MANMADE FORCE OR EFFECT; AND AN ORDINANCE DESIGNATING AN ENFORCEMENT AGENCY AND FAIR AND EQUITABLE RULES OF PROCEDURES AND STANDARDS TO GUIDE THE ENFORCEMENT AGENCY AND ITS AGENTS IN CONDUCTING INVESTIGATIONS HEREUNDER; AND AN ORDINANCE PROVIDING FOR FAIR AND EQUITABLE RULES OF PROCEDURE FOR INSTITUTING AND CONDUCTING HEARINGS IN SUCH MATTERS BEFORE THE COUNTY COMMISSION, AND THE BURDEN OF PROOF TO BE MET BY THE ENFORCEMENT
AGENCY IN THE PRESENTATION OF ITS EVIDENCE AND THE FINDINGS
OF FACT, CONCLUSIONS OF LAW AND ORDERS WHICH MAY BE MADE BY THE COUNTY
COMMISSION; AND AN ORDINANCE PROVIDING FOR VARIOUS REMEDIES FOR FAILURE
OF THE PROPERTY OWNER OR OWNERS TO COMPLY WITH THE ORDERS OF THE COUNTY
COMMISSION; AND AN ORDINANCE PROVIDING FOR AN APPEAL OF THE DECISIONS AND
ORDERS OF THE COUNTY COMMISSION TO THE CIRCUIT COURT; AND AN ORDINANCE
PROVIDING FOR THE COUNTY COMMISSION TO ENFORCE ITS ORDERS BY CONTRACTS
WITH INDEPENDENT CONTRACTORS TO MAKE THE ORDERED REPAIRS, ALTERATIONS,
IMPROVEMENTS, DEMOLITIONS, REMOVAL OR CLEAN UP; AND AN ORDINANCE PROVIDING
FOR THE ENFORCEMENT OF COUNTY COMMISSION ORDERS AND CONTRACTS IN CIRCUIT
COURT, SUBJECTING THE PROPERTY IN QUESTION TO A LIEN FOR THE AMOUNT OF
THE CONTRACTOR'S COSTS IN CARRYING OUT THE COMMISSIONS ORDERS AND CONTRACT,
TOGETHER WITH ANY DAILY CIVIL MONETARY PENALTY IMPOSED, COURT COSTS AND
REASONABLE ATTORNEY FEES AND FOR THE SALE OF THE SUBJECT PROPERTY TO SATISFY
THIS LIEN.
BE IT ORDAINED AND ORDERED
BY THE COUNTY COMMISSION OF JEFFERSON COUNTY, WEST VIRGINIA, A PUBLIC
BODY CORPORATE OF JEFFERSON COUNTY, WEST VIRGINIA, AS FOLLOWS:
ARTICLE 1. AUTHORITY, EFFECTIVE DATE, TITLE, PURPOSE, JURISDICTION
AND SEVERABILITY
Section 1.0 Authority
This ordinance is adopted by virtue of the authority granted in Chapter
Seven (7), Article One (1) Section three ff (3ff) of the Code of West Virginia
as amended.
Section 1.1 Effective Date
This ordinance shall become effective thirty (30 ) days after the
date on which the County Commission of Jefferson County, West Virginia
acts to adopt it.
Section 1.2 Title
This ordinance shall be titled as cited as the Jefferson County
Property Safety Ordinance.
Section 1.3 Purpose
The purpose of this ordinance is to promote the public safety or
welfare of Jefferson County, West Virginia by requiring, as the case may
be, the repair, alteration, improvement, vacating, closing, removal or
demolition of dwellings or other buildings, or any combination thereof,
unfit for human habitation due to dilapidation, defects increasing the
hazard of fire, accidents or other calamities, or other conditions prevailing
in any dwelling or building, whether used for human habitation or not,
which would cause such dwellings or other buildings to be unsafe, unsanitary,
dangerous or detrimental to the public safety or welfare, whether the result
of natural or manmade force or effect, exclusive of buildings utilized
for farm purposes on land actually being used for farming; and by requiring,
as the case may be, the removal and clean up of any accumulation of refuse
or debris or toxic spillage or toxic seepage located on private lands which
is determined to be unsafe, unsanitary, dangerous or detrimental to the
public safety or welfare whether the result of natural or manmade force
or effect.
Section 1.4 Jurisdiction
This ordinance shall apply to all properties within Jefferson County,
West Virginia, exclusive of the incorporated towns and cities, properties
of the United States Government, and of the West Virginia State Government
and any incorporated Town or City.
Section 1.5 Severability
Should any article, section, subsection or provision of this ordinance
be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the
ordinance as a whole or any part thereof other than the part so declared
to be invalid or unconstitutional.
ARTICLE 2. DEFINITIONS
Section 2.0 Interpretation
For the purpose of this ordinance, the following interpretations
shall apply:
(a) Words used in the present tense include the future.
(b) The singular includes the plural.
(c) The plural includes the singular.
(d) The word "person" includes a corporation, unincorporated association or partnership, chartered associations, partnerships, natural persons, joint ventures, joint stock company, club, company, business trust, or the manager, agent, servant, officer or employee of any of them.
(e) The term "shall" is mandatory and the term "may" is permissive.
(f) The word "county" shall refer to Jefferson County, West Virginia.
Section 2.1 Definitions
Blighted Area "Blighted area" shall mean an area (other than a slum
area) which by reason of the predominance of defective or inadequate street
layout, faulty lot layout in relation to size, adequacy, accessibility
or usefulness, unsanitary or unsafe conditions, deterioration of site improvement,
diversity of ownership, tax or special assessment delinquency exceeding
the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which
endanger life or property by fire and other causes, or any combination
of such factors, substantially impairs or arrests the sound growth of the
community, retards the provision of housing accommodations or constitutes
an economic or social liability and is a menace to the public health, safety,
morals, or welfare in its present condition and use.
Building Any structure on a parcel of land that has one or more walls.
Commission The County Commission of Jefferson County, West Virginia.
Commissioner An elected member of the County Commission of Jefferson
County, West Virginia.
Condemn To adjudge unfit for use or occupancy.
County Board of Health An agency of local government either created
pursuant to Chapter 16, Article 2 or Chapter 16, Article 2A of the Code
of West Virginia to oversee the health needs of the citizens of a county
in accordance with law.
County Engineer An engineer employed by Jefferson County Government,
who is a member of the Enforcement Agency and who is registered by the
West Virginia Board of Registration of Professional Engineers as a "Professional
Engineer".
County Health Officer A physician appointed by the County Board of
Health pursuant to Chapter 16, Article 2A, Section 4 of the Code of West
Virginia, or a physician appointed by the direction of the West Virginia
Department of Health pursuant to Chapter 16, Article 2, Section 1 of the
Code of West Virginia, who is a member of the Enforcement Agency.
Dilapidated Falling to pieces or into disrepair; broken down; shabby
and neglected.
Disaster "Disaster" means the occurrence or imminent threat of widespread
or severe damage, injury, or loss of life or property resulting from any
natural or manmade cause, including fire, flood, earthquake, wind, snow,
storm, chemical or oil spill or other water or soil contamination, epidemic,
air contamination, blight, drought, infestation or other public calamity
requiring emergency action.
Deed A written instrument, signed and delivered by which a person
transfers and conveys title to real estate to another person.
Deed of Trust A written instrument by which legal title to real estate
is placed in one or more trustees to secure the payment of a sum of money
or the performance of other conditions, which serves the purpose and function
of a mortgage.
Easement A lawfully acquired right or privilege to use a parcel of
land or portion thereof for a specified purpose such as a road.
Enforcement Agency An Enforcement Agency is that agency of Jefferson
County Government charged under Chapter 7, Article 1, Section 3ff of the
Code of West Virginia with the investigation and enforcement of violations
of that statute and this ordinance. Its membership includes: County Engineer,
County Health Officer, Sheriff, an appointed Fire Chief and two other members
at large. The Sheriff is an ex officio member.
Flood-Prone Area Areas subject to inundation by the one hundred year
flood as determined by the Flood Insurance Study prepared by the Federal
Insurance Administration for Jefferson County.
Garbage The animal and vegetable waste resulting from handling, preparation,
cooking and consumption of food.
Historic Site Any lot, parcel, historic structure or designated area
which has been listed on the West Virginia or National Register of Historic
Places.
Judgment Lien A claim, encumbrance or charge on property for payment
of some debt, obligation or duty owed to another person as decreed by a
court of law and recorded among the land records of Jefferson County.
Motor Vehicle Any vehicle which is self-propelled by use of internal
combustion engine or by electrical engine which is intended to be driven
upon a highway.
Motor Vehicle, Junked Any motor vehicle which is discarded, wrecked,
ruined, scrapped or dismantled which would not pass the State of West Virginia
motor vehicle inspection laws and which is not serving a reasonable functional
use or purpose or is not inside an enclosed building.
Owner A person who holds legal title to any real estate or personal
property.
Public Body Public body shall mean the state or any municipality,
county, township, board, commission, authority, district or any other subdivision
or public body of the State.
Public Safety A condition of well being, health and safety of a significant
Or Welfare number of people in an area, neighborhood or community.
Real Property Real Property shall include all lands including improvements
and fixtures thereon and property of any nature appurtenant thereto or
used in connection therewith, and every estate, interest and right, legal
or equitable therein including terms for years.
Refuse Anything thrown away or rejected as worthless or useless;
waste; trash; rubbish.
Right-of-Way A right which grants passage across or through a property.
A right-of-way is also the (usually dimensioned) path along which the right
of passage is granted.
Road A prepared surface within a right-of-way which is intended for
vehicular use. Road does not include shoulders.
Rubbish Combustible and noncombustible waste materials and the term
shall include garbage, the residue from the burning of wood, coal, coke,
and other combustible materials, paper, rags, cartons, boxes, wood excelsior,
rubber, leather, tree branches, yard clippings, tin cans, metals, mineral
matter, glass, crockery and dust and other similar materials.
Salvage Old or scrap copper, brass, rope, rags, batteries, paper,
rubber, trash, waste, junked, dismantled or wrecked machinery, machine
or motor vehicles or any parts of any junked, dismantled or wrecked machinery,
machines or motor vehicles, iron, steel, and other old or scrap ferrous
or nonferrous materials.
Salvage Yard Any place which is maintained, operated or used or the
storing, keeping, buying, selling, or processing of salvage, or for the
operation and maintenance of a motor vehicle graveyard, and the term shall
also include garbage dumps and sanitary landfills. Any collection of three
or more junked motor vehicles, or combination of ferrous or nonferrous
materials together with one or more junked motor vehicles, or a collection
or any salvage contained in an area more than one quarter acre in size,
shall be considered a salvage yard.
Solid Waste
Disposal Facility Any facility established, modified or operated
for the purpose of the disposal of solid waste as defined by West Virginia
Department of Natural Resources, Legislative Regulations for Solid Waste
Management, as amended.
Structure Anything constructed, the use of which requires fixed location
on the ground; or, anything attached to something having such location.
A structure does not include fences, individual driveways, or retaining
walls. Structures do include prefabricated buildings even if they are not
anchored to the ground.
Slum Area "Slum area" shall mean an area in which there is a predominance
of buildings or improvements (or which is predominantly residential in
character), and which, by reason of dilapidation, deterioration, age or
obsolescence, inadequate provision for ventilation, light, air, sanitation,
or open spaces, high density of population and overcrowding, or the existence
of conditions which endanger life or property by fire and other causes,
or any combination of such factors, is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency and crime, and is detrimental
to the public health, safety, morals or welfare.
Subdivision The partition or division of land into two or more lots,
tracts, parcels, plots, sites, areas, units, interests or other division
of land, for the purpose, whether immediate or future, of offer, sale,
lease, transfer of ownership, building construction, development, or land
use. Subdivision applies to all forms of development including residential,
commercial and industrial and includes the division of land either by deed,
deed of trust, contract of sale, metes and bounds description, devise,
intestacy, lease, map, plat or other instrument, or by act of construction
or land use. Subdivision includes re-subdivision and, when appropriate
to the context, shall relate to the land subdivided.
Toxic Substance Means any substance which because of its quantity,
concentration or physical, chemical or infectious characteristics may (1)
cause, or significantly contribute to an increase in mortality or an increase
in serious irreversible, or incapacitating or reversible illness; or (2)
pose a substantial present or potential hazard to human health exclusive
of any application of substances for bona fide farming operations.
Ventilation The natural or mechanical process of supplying conditioned
or unconditioned air to or reproving air from any space.
ARTICLE 3. ENFORCEMENT AGENCY
Section 3.0 Membership
The Enforcement Agency shall consist of the following members: County
Engineer, County Health Officer or his or her designee, a Fire Chief from
a county fire company and two members of the general public. The Sheriff
of Jefferson County shall serve as an ex-officio member of the Enforcement
Agency. The County Commission shall select and appoint two members of the
general public to serve two year terms and shall select and appoint a Fire
Chief from a county fire company to serve a 1.5 year term.
Section 3.1 Meetings
(a) The members of Enforcement Agency shall meet one evening a month
in public session.
(b) At the first meeting of the Enforcement Agency and on the one
(1) year anniversary date thereafter, the members of the Enforcement Agency
shall appoint: one of its members to serve as its President, and one of
its members to serve as its Vice-President and one of its members to serve
as its Secretary. Each member so appointed to the office of President,
Vice-President or Secretary shall serve a one (1) year term of office or
until replaced.
(c) Three members of the Enforcement Agency in attendance at the
monthly meeting shall constitute a quorum.
(d) Meetings of the Enforcement Agency shall be conducted generally
in accordance with Roberts Rules of Order.
(e) At the monthly public meeting, the Enforcement Agency shall receive complaints from the general public concerning: dwellings or other buildings or any combination thereof that may be unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, or any other conditions prevailing in these dwellings or other buildings whether used for human habitation or not, which would cause such dwellings or other buildings to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare whether the result of natural or manmade force or effect; and complaints concerning accumulation of refuse or debris or toxic spillage or toxic seepage located on private lands
which may be deemed to be unsafe, unsanitary, dangerous or detrimental
to the public safety or welfare whether the result of natural or manmade
force or effect.
(f) The members of the Enforcement Agency may, if a quorum is present,
by a majority vote of those present accept the complaint for investigation
by the Enforcement Agency.
(g) Upon the completion of the investigation of the citizen's complaint,
and without further public input, the members of the Enforcement Agency,
relying upon the investigation report of the Enforcement Agency staff,
by a majority vote of those members present in public session may:
(1) dismiss the citizen's complaint; or
(2) continue the matter over until a later monthly meeting to permit further investigation; or
(3) adopt an agreement to remedy deficiencies and continue the matter over until a later monthly meeting to permit the property owner time to remedy deficiencies in accordance to an agreement between the Enforcement Agency and the property owner; or
(4) continue the matter over until a later monthly meeting; or
(5) determine that the dwelling, building, accumulation of refuse
or debris, toxic spillage, or toxic seepage is unsafe, unsanitary, dangerous
or detrimental to the public safety or welfare and should be repaired,
altered, improved, vacated, removed, closed, cleaned up or demolished as
the case may be and direct the County Engineer to initiate proceedings
before the County Commission by petition/complaint to seek an order of
the County Commission: requiring the property owner to repair, alter, improve,
vacate, remove, close, clean up or demolish the dwelling or building in
question within a reasonable time; or to remove or clean up any accumulation
of refuse or debris or toxic spillage or toxic seepage within a reasonable
time; and to impose daily civil monetary penalties upon the property owner
who fails to obey the order of the County Commission; and if necessary,
to request that the County Commission advertise for and seek a contractor
to make the ordered repairs, alterations, improvements, demolition, removal
or clean up; and to institute a civil proceeding in the Circuit Court of
Jefferson County, West Virginia to subject the private land in question
to a lien to satisfy: the contractor's costs in making the ordered repairs,
alterations, improvements, demolition, removal or clean up; the daily civil
monetary penalty imposed; reasonable attorney fees and court costs expended
and to order the private land in question sold to satisfy this lien; and
order and decree that the contractor may enter upon the private land in
question to perform the ordered repairs, alterations, improvements demolition,
removal or clean up.
Section 3.2 Enforcement Agency Rules for Conducting Investigations
A. Upon the members of the Enforcement Agency voting to accept the
citizen's complaint and conduct an investigation, the County Engineer shall
contact the following public officials and ascertain the following information:
(1) Sheriff's tax office to ascertain the property owner's address, the tax district, tax map and parcel number for the property in question; its assessed value for both the lands and buildings; acreage or lot size if known by the Sheriff's tax office and the status of taxes paid or due and owing on this property; any lien information.
(2) Clerk of the County Commission to ascertain any information about judgment liens, tax liens, mechanics liens or deed of trust liens on the subject property and obtain a copy of the deed, or other document by which the owner obtained title to the property in question.
(3) Assessor's Office to ascertain lot or parcel size and a copy of a tax map for the property in question.
(4) County Health Officer to ascertain the type of water and sewer system serving the property in question.
(5) County Fire Departments to ascertain the number of fire service or ambulance calls to that property in the last five (5) years.
(6) Planning Commission staff to ascertain the number of improved lots in that or nearby subdivisions; location of the property in question insofar as flood prone areas, river, streams, ponds, are concerned; the location of nearby schools, hospitals and residences in the immediate area and in the watershed area.
(7) United States Department of Agriculture Offices to ascertain the types of farming operations in the area in question and the soil types.
(8) West Virginia State Police and Jefferson County Sheriff's Department
to ascertain the nature and number of law enforcement problems originating
from the property in question in the last five (5) years.
B. The County Engineer shall deliver notice to the property owner
by United States Mail postage prepaid and by certified mail, return receipt
requested, to the property owner's address as ascertained from the Sheriff's
tax office informing the property owner of the general nature of the complaint
and informing the property owner that the County Engineer, the Jefferson
County Sheriff and other members of the Enforcement Agency will visit the
property at a specific time and date to investigate the allegations set
forth in the complaint. The notice shall inform the property owner that
photographs will be taken of the property in question and/or that soil
samples may be taken from the property in question. However, any such entrance
upon the property in question shall be made in such a manner as to cause
the least possible inconvenience to the persons in possession.
C. The County Engineer shall whenever possible take written statements
from the complaining party, the property owner, neighbors and other interested
persons and attach these statements to the investigative report.
D. The County Engineer shall at the conclusion of the investigation
prepare a written investigative report providing a copy to each member
of the Enforcement Agency at least three (3) days before the monthly meeting
of the Enforcement Agency where the investigative report shall be considered.
E. The County Engineer may propose an agreement between the property
owner and the Enforcement Agency whereby the property owner agrees to remedy
all deficiencies to the satisfaction of the Enforcement Agency within a
designated period of time.
F. The County Engineer shall at the direction of the Enforcement Agency initiate by petition/complaint on behalf of the Enforcement Agency, an action before the County Commission to seek an order of the County Commission requiring the property owner to repair, alter, improve, vacate, remove, close, clean up or demolish the dwelling or building in question within a reasonable time; or to remove or clean up any accumulation of refuse or debris or toxic spillage or toxic seepage within a reasonable time; and to impose daily civil monetary penalties upon the property owner who fails to obey the order of the County Commission; and if necessary, to request that the County Commission advertise for and seek a contractor to make the ordered repairs, alterations, improvements, demolition, removal or clean up; and to institute a civil proceeding in the Circuit Court of Jefferson County, West Virginia to subject the private land in question to a lien to satisfy: the contractor's costs in making the ordered repairs, alterations, improvements, demolition, removal or clean up; the daily civil monetary penalty imposed; reasonable attorney fees and court costs expended and to order the private land in question sold to satisfy this lien; and order and decree that the contractor may enter upon the private land in question to perform the ordered repairs, alterations, improvements demolition, removal or clean up.
The petition/complaint shall state the findings and recommendations
of the Enforcement Agency and inform the property owner that upon being
served with this petition/complaint unless the owner or owners of the property
shall file with the Clerk of the County Commission of Jefferson County
at the address of PO Box 250, East Washington Street, Charles Town, West
Virginia 25414, a written request for a hearing before the county commission
within ten (10) days of receipt of the complaint/petition, an order will
be issued by the County Commission implementing the recommendations of
the Enforcement Agency.
ARTICLE 4. PROCEEDINGS BEFORE THE COUNTY COMMISSION
Section 4.0 Institution of Proceeding Before the County Commission
The County Engineer may file in the Office of the Clerk of the County Commission of Jefferson County, a petition/complaint on behalf of the Enforcement Agency seeking an order of the County Commission requiring the property owner to repair, alter, improve, vacate, remove, close, clean up or demolish the dwelling or building in question within a reasonable time; or to remove or clean up any accumulation of refuse or debris or toxic spillage or toxic seepage within a reasonable time; and to impose daily civil monetary penalties upon the property owner who fails to obey the order of the County Commission; and if necessary, to request that the County Commission advertise for and seek a contractor to make the ordered repairs, alterations, improvements, demolition, removal or clean up; and to institute a civil proceeding in the Circuit Court of Jefferson County, West Virginia to subject the private land in question to a lien to satisfy: the contractor's costs in making the ordered repairs, alterations, improvements, demolition, removal or clean up; the daily civil monetary penalty imposed; reasonable attorney fees and court costs expended and to order the private land in question sold to satisfy this lien; and order and decree that the contractor may enter upon the private land in question to perform the ordered repairs, alterations, improvements demolition, removal or clean up.
And the petition/complaint shall state the findings and recommendations
of the Enforcement Agency and inform the property owner that upon being
served with this petition/complaint, unless the owner or owners of the
property shall file with the Clerk of the County Commission of Jefferson
County at the address of PO Box 250, East Washington Street, Charles Town,
West Virginia 25414, a written request for a hearing before the county
commission within ten (10) days of receipt of the complaint/petition, an
order will be issued by the County Commission implementing the recommendations
of the Enforcement Agency.
Section 4.1 Service of a Copy of the Enforcement Agency Petition/Complaint Upon the Property Owner
The Clerk of the County Commission of Jefferson County shall receive
and file the petition/complaint of the Enforcement Agency and shall cause
a copy thereof to be served upon the property owner in the manner provided
in Rule Four (4) of the West Virginia Rules of Civil Procedure. The Clerk
of the County Commission of Jefferson County shall note on the original
petition/complaint the date service was accomplished if by personal service,
and cause the person making personal service to certify that personal service
was performed on that date. A copy of this return of service shall be provided
by the Clerk of the County Commission to the County Engineer.
Section 4.2 Failure of the Property Owner to Request a Hearing Before the County Commission Upon the Petition/Complaint of the Enforcement Agency
If the property owner or owners shall fail to file with the Clerk
of the County Commission of Jefferson County, within ten (10) days of service
of the petition/complaint upon said owner or owners, a written request
for a hearing before the County Commission upon the petition/complaint
of the Enforcement Agency, the County Commission may enter an order implementing
the determinations and recommendations of the Enforcement Agency and ordering,
as the case may be, the property owner to repair, alter, improve, vacate,
remove, close, clean up or demolish the dwelling or building in question
within a reasonable time or to remove or clean up any accumulation of refuse
or debris or toxic spillage or toxic seepage within a reasonable time and
to impose daily civil monetary penalties on any owner or owners who fail
to obey such an order. The Clerk of the County Commission of Jefferson
County shall cause such an order to be filed and an attested copy of such
order to be served upon the property owner or owner by United States mail
postage prepaid and by certified mail, return receipt requested, at the
same address used by the Sheriff to mail the property owner his tax bill.
The Clerk of the County Commission of Jefferson County shall note on the
file copy of the order the date of the mailing and the address to which
it was mailed.
Section 4.3 Setting a Date and Time for a Hearing on the Petition/Complaint of the Enforcement Agency When Requested by the Property Owner
After receipt of a written request for a hearing upon the Enforcement
Agency's petition/complaint by the property owner, the County Commission
at its next regular meeting shall enter an order setting this matter down
for hearing at a particular time and date within twenty (20) days of the
receipt of the written request. In that regards the Clerk of the County
Commission shall note the date of the filing of the written request upon
the face of the written request. Upon the entry of the order setting this
matter down for hearing, the Clerk of the County Commission shall file
the original order and mail attested copies thereof to the property owner
and County Engineer United States mail postage prepaid and by certified
mail, return receipt requested, to the address of the property owner at
the return address specified in the property owner's written request or
the address utilized by the Sheriff for the property owner's tax bill.
The Clerk of the County Commission shall note on the filed order the address,
date and method of mailing of each attested copy mailed.
Section 4.4 Hearing Before the County Commission
The hearing before the County Commission upon the petition/complaint of the Enforcement Agency shall be either recorded by electronic device or by court reporter. The President of the County Commission will call the hearing to order and note on the record, each member of the County Commission in attendance and whether a quorum exists to proceed. The President will note on the record of presence or absence of each of the litigants in person, pro se and or by their respective counsel. Witnesses will be administered an oath by the President prior to testifying. The President of the County Commission will conduct the hearing and rule on matters of procedure and law. The West Virginia Rules of Evidence shall not apply to the proceedings, but each party shall have the right to present evidence and examine and cross examine all witnesses. Documentary evidence will be marked as exhibits and if relevant and probative admitted into evidence. The County Commission shall have the right to recess the hearing and visit the property in question for a view. Facts discerned by commission members on the view are evidence that may be considered. Each party shall have the right to make an opening and a closing statement. The Enforcement Agency has the burden of proving its allegations by a preponderance of the evidence and shall have the duty to go forward with the evidence.
Section 4.5 Findings of Fact, Determinations, Conclusions of Law, Orders, Civil Monetary Penalties by the County Commission
A. At the conclusion of the Section 4.4 hearing, the County Commission shall by a majority vote make findings of fact, determinations and conclusions of law as to whether a dwelling or building:
(1) Is unfit for human habitation due to dilapidation, whether the result of natural or manmade force or effect, which would cause the dwelling or other building to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; and/or
(2) Has defects that increase the hazard of fire, accidents or other calamities, whether the result of natural or manmade force or effect, which would cause the dwelling or other building to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; and/or
(3) Has other conditions prevailing therein whether used for human habitation or not, and whether the result of natural or manmade force or effect, which would cause such dwelling or other building to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare.
And if these findings of fact, determinations and conclusion of law are made, the County Commission may by majority vote, order the property owner or owners to repair, alter, improve, vacate, remove, close, clean up or demolish the dwelling or building in question within a reasonable time and to impose a daily civil monetary penalty of $25.00 upon the property owner or owners jointly and severally for each day after the time limitation has passed for the ordered work to be performed and completed to the satisfaction of the County Commission and the ordered work has not been completed, or for any other failure to obey the order of the County Commission beyond the time limitation set for that compliance to have occurred.
B. At the conclusion for the Section 4.4 hearing, the County Commission shall by a majority vote make findings of fact, determination and conclusions of law as to whether:
(1) There is an accumulation of refuse or debris on private land whether the result of natural or manmade force or effect, which would cause such private land to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; and/or,
(2) There is toxic spillage on private lands, whether the result of natural or manmade force or effect, which would cause such private land to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare; and/or
(3) There is toxic seepage on private land whether the result of natural or manmade force or effect, which would cause private land to be unsafe, unsanitary, dangerous or detrimental to the public safety or welfare.
And if these findings of fact, determinations and conclusions of
law are made, the County Commission may by a majority vote order the property
owner or owners to remove or clean up any accumulation of refuse or debris
or toxic spillage or toxic seepage from the private land in question within
a reasonable time and to impose a daily civil monetary penalty of $ 25.00
upon the property owner or owners jointly and severally for each day after
the time limitation has passed for the ordered work to be performed and
completed to the satisfaction of the County Commission and the ordered
work has not been completed, or for any other failure to obey the order
of the County Commission beyond the time limitation set for that compliance
to have occurred.
ARTICLE 5. APPEAL OF DECISION OF THE COUNTY COMMISSION TO CIRCUIT COURT
Section 5.0 Appeals of Decisions of County Commission to Circuit Court
Appeals from the County Commission of decisions made in the Section
4.4 hearings to Circuit Court shall be in accordance with the provisions
of Article Three, Chapter Fifty-eight of the Code of West Virginia as amended.
ARTICLE 6. PROCEDURES FOR CONTRACTING WITH VENDORS TO PERFORM ORDERED REPAIRS, ALTERATIONS, IMPROVEMENTS, DEMOLITION, REMOVAL OR CLEAN UP UPON THE FAILURE OF THE PROPERTY OWNER TO COMPLY WITH THE ORDER OF THE COUNTY COMMISSION
Upon the failure of the property owner or owners to perform the ordered
duties and obligation as set forth in the order of the County Commission
within the time limitation set by said order, the County Commission may
advertise for and seek contractors to make the ordered repairs, alterations,
improvements, demolition, removal or clean up, and may enter into any contract
with any such contractor to accomplish the ordered repairs, alteration,
improvements, demolition removal or clean up. The County Commission may
make this contract contingent upon the order and decree of the Circuit
Court making the contractor's costs or the contract amount in making these
ordered repairs a lien upon the private land in question and ordering the
private land in question be sold to satisfy this lien, and ordering that
the contractor may enter upon the private land in question to make these
ordered repairs.
ADOPTED this ________ day of ___________________ 199__ upon motion duly made by Commissioner _______________________________, which motion was seconded by Commissioner _________________________________ and upon Commissioners ___________________________________________________________________________
___________________________________________________________________________
voting for the adoption motion and commissioners ___________________________________________________________________________
___________________________________________________________________________
voting against.
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President