AN ORDINANCE ESTABLISHING ARTICLE 1800 VACANT BUILDING REGISTRY OF THE CODIFIED ORDINANCES OF THE CITY OF PRINCETON CONCERNING VACAN BUILDINGS

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1 AN ORDINANCE ESTABLISHING ARTICLE 1800 VACANT BUILDING REGISTRY OF THE CODIFIED ORDINANCES OF THE CITY OF PRINCETON CONCERNING VACAN BUILDINGS WHEREAS, the Common Council of the City of Princeton desires to create a vacant building registry as authorized by W. Va. Code c; and WHEREAS, the Common Council of the City of Princeton believes that a vacant building registry will protect the health and safety of the citizens of the City of Princeton; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PRINCETON, MERCER COUNTY, WEST VIRGINIA, that Article 1800 Vacant Building Registry of the Codified Ordinances of the City of Princeton, is hereby ESTABLISHED to read as follows: PURPOSE. (a.) The City has determined that uninspected and unmonitored vacant buildings (i) present a fire hazard; (ii) are often utilized by vagrants and transients (including drug abusers and traffickers) as dangerous and unsafe temporary shelters; (iii) detract from private and/or public efforts to rehabilitate or maintain surrounding buildings; and (iv) require additional regulation and services to protect the health, safety and welfare of the public. (b.) Owners of vacant buildings shall register such vacant buildings with the city, make payment of a fee as set forth herein, and otherwise conform to the requirements of this vacant structure code. (c.) It is the intent of this article that, through a registration, inspection, and monitoring process, and other improved public safety efforts, vacant buildings 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 otherwise present a public hazard. (d.) It is the City s further intent for the provisions of this article to streamline and consolidate the existing procedure (that is, complaint, research, notification, inspection, orders, fines, liens, appeals and lien enforcement) by placing the responsibility to register and maintain a vacant structure on the owner of a building before a condition of the building falls into disrepair or otherwise necessarily warrants a complaint. Page 1 City of Princeton, adopted October 11, 2016:

2 DEFINITIONS. For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them as follows: (a.) BOARDED: Boarded shall mean a building or structure subject to the provisions of this section and 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. (b.) BUSINESS DISTRICT: Solely for the purposes of this Article, the Business District shall include the following: any property zoned Commercial 1 or Commercial 2. (c.) DIRECTOR: Solely for the purposes of the Article, the term Director shall mean the City Manager or designee. (d.) EXTERIOR MAINTENANCE AND MAJOR SYSTEMS: The phrase exterior maintenance and major systems: shall mean the safe and lawful maintenance of the façade, windows, doors, roof and other parts of the exterior of the building and the maintenance of its major systems consisting of the roof, the electrical and plumbing systems, the water supply systems, the sewer system, the sidewalk, and the driveway, if any, area of the lot as applicable. (e.) OCCUPIED: Any building or structure shall be deemed to be occupied if one or more persons actually conducts a lawful business or resides in all or any part of the building as the licensed business-occupant, or as the legal or equitable owner/occupants(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 is so occupied may include, but shall not be limited to, the regular receipt of delivery of regular mail through the U.S. 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 pre-rental inspection. (f.) OPEN: A building or structure subject to the provisions of this section 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 function lock to secure it, or if one or more windows is broken or not capable of being locked and secured from intrusions, or any combination of the same. (g.) OWNER: Owner or property owner shall mean a person who individually or jointly with others: (1.) Has legal title to the property, with or without actual possession of the property; (2.) Has charge, care or control of the property as owner or agent of the owner; Page 2 City of Princeton, adopted October 11, 2016:

3 (3.) Is an executor, administrator, trustee or guardian of the estate of the owner; (4.) Is the agent of the owner for the purpose of managing, controlling or collecting rents; or (5.) Is entitled to control or direct the management or disposition of the property. For purposes of this Article, an agent shall not include a person contracted with the property owner solely for the sale or listing for sale of the property, commonly referred to as a real estate agent. (h.) REGISTRATION FEE: Registration fee shall mean accordance with c of the West Virginia Code, the fee exacted from vacant building owners for the maintenance and upkeep of said property. (i.) VACANT: (1) A building shall be deemed to be vacant if no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owneroccupant(s), or tenant(s) on a permanent, non-transient basis. (2) A building or structure shall be deemed vacant and subject to the registration and possible penalty provisions provided herein if the exterior maintenance and major systems of the building and the surrounding real property thereof, as defined in this section, are in violation of the building codes and health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas (i.e., applicable heating sources), water service, etc. Continual means having no interruption of service lasting thirty (30) days or more in any given three hundred sixty-five (365) day period. In order for such continual utility service to be considered as being actually in use as described in this section, it must be more than merely registered to the owner for the purposes of billing and must be utilized, at a minimum, in order to keep 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. (3) A new building under construction or a building that has been granted a waiver under Section of this Article is not deemed a vacant building APPLICABILITY. The requirements of this section shall be applicable to each owner of any building that has been vacant for more than 30 consecutive days. Each such owner shall cause to be filed a registration statement in conformity with Section (a). For the purpose of this section, owner includes: Page 3 City of Princeton, adopted October 11, 2016:

4 (a.) 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. (b.) If an estate, the name and business address of the executor of the estate. (c.) If a trust, the names and addresses of all trustees, grantors, and beneficiaries. (d.) If a partnership, the names and residence addresses of all partners with an interest of ten percent (10%) or greater. (e.) If any other form of unincorporated association, the names and residence addresses of all principals with an interest of ten percent (10%) or greater. (f.) If an individual person, the name and residence address of that individual person. (g.) The requirements of this section shall not be applicable to any building owned by city, state, or federal government or any of their respective agencies or political subdivisions REGISTRATION STATEMENT; LOCAL AGENT; AND FEES. (a.) Registration Statement: Each such owner shall cause to be filed a registration statement, which shall include the street address and parcel number of each such vacant building, the names and addresses of all owners, as hereinafter described, and any other information deemed necessary by the Director and/or designee. Beginning with the first anniversary of the initial registration of each vacant building, the property owner of a registered vacant building shall pay the registration fee required by Subsection (c). All property owners of properties registered under this Article shall remit payment of the fee imposed herein by the last day of the month in which the property was originally registered. 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. 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 from responsibility for compliance with any other Building Code or Housing Code requirement. (b.) Local Agent: If none of the persons outlined in section is 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 the purposes of notification in the event of Page 4 City of Princeton, adopted October 11, 2016:

5 an emergency affecting the public health, safety or welfare and for the purposes of service of any and all notices or registration statements as herein authorized in connection herewith. (c.) Fees: The owner of the vacant property as of the last day of the month when the property had been registered in each calendar year shall be responsible for the payment of the non-refundable registration fee. Said fee shall be billed based on the duration of the vacancy as determined by the following scale: (1.) No fee for properties that are vacant for less than one year; (2.) For properties that are vacant for at least one year, but less than two years, $.20 per square foot; (3.) For properties that are vacant for at least two years, but less than three years, $.40 per square foot; (4.) For properties that are vacant for at least three years, but less than four years, $.60 per square foot; (5.) For properties that are vacant for at least four years, but less than five years, $.80 per square foot; and (6.) For properties that are vacant for at least five years, $1.00 per square foot. (7.) For every year past five years the fee shall increase $.20 per square foot each year. (8.) For all vacant properties located in the Business District as defined herein, the above fees shall be doubled. For the purposes of calculation of the fees under this Section, the amount of square footage charged to the Owner shall not be less than 1,200 square feet or greater than 15,000 square feet on any one structure. The duration of the vacancy for the purposes of determining the fee runs with the property and will not be affected by a change in ownership. A change in ownership of a vacant structure shall not remove the vacant structure from the vacant properties registry. All waivers granted under shall expire upon change of ownership INSPECTION AND MAINTENANCE REQUIREMENTS. (a.) Maintenance Provisions: All vacant structures shall also comply with the following criteria: (1.) Vacant structures shall be secured so as not to be accessible to unauthorized persons. Securing of vacant structures includes, but is not limited to, closing and locking windows, doors, walk through sliding and garage gates, and any other opening that may allow access to the interior of the property and/or structures. In the case of broken windows, securing means re-glazing or boarding the windows, provided that in the Business District, plain unsurfaced plywood may not be used. Page 5 City of Princeton, adopted October 11, 2016:

6 (2.) All vacant structures and premises thereof shall be maintained in a clean, safe, secure, and sanitary condition. The structure is to be cleared of all contents, not including building materials or components to be used in the future renovation at that structure. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. (3.) Upon notice form the Director, the owner may be required to improve the street view of the structure in such a way to make it presentable and nonthreatening to passerby. (4.) The owner of a vacant structure shall perform or provide for the performance of periodic maintenance duties such as grass cutting or leaf removal on a timely basis. All noxious weeks are prohibited. (5.) Unstable interior and exterior surfaces and components are to be removed. Unstable or unsound accessory buildings are to be razed or renovated. (6.) All loose or deteriorated trim, gutter or overhang extensions (masonry or frame) are to be removed or reattached to prevent falling. (7.) All exterior wood surfaces shall be protected from the elements and decay by painting or other protective treatments. All metal surfaces shall be coated to protect from rust and decay. (8.) Utilities need to be connected to the structure unless deemed unsafe by the Building Inspector or the Fire Marshall. (9.) Other such requirements as deemed necessary by the Director or designee, Building Inspector, or the Fire Marshall. (10.)The owner shall inspect the property on a regular basis to determine if the structure is in compliance with the requirements of this Article and all applicable provisions of the City s building code. (b.) Inspections: (1.) At the time of registration, the Building Inspector or designee shall determine whether an immediate inspection of the vacant structure is proper to identify any public safety issues that need to be addressed. Inspections shall also be available to verify the status of any property concerning occupancy, vacancy, etc. (2.) At least annually, but more frequently if necessary, a City Official shall conduct inspections of structures on the vacant property registry, and, to the extent feasible under the circumstances to determine whether the structure is being kept weather tight and secure from trespassers and compliant with the maintenance requirements listed in this Section. (3.) 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 will seek an order from a court of competent jurisdiction to authorize inspection of the premises for the purpose of determining the structural integrity of the building, the repairs necessary to insure 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. Page 6 City of Princeton, adopted October 11, 2016:

7 (c.) Corrective Action: The 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 take corrective action. If corrective action is not taken by the owner within a reasonable time, in addition to imposition of the penalties listed in Section , the City may, if deemed necessary for the safety of the public, act to bring the vacant building or property into compliance or otherwise eliminate the public nuisance caused by any noncompliant conditions. The costs of any repairs, demolition and/or maintenance, along with any related legal and administrative costs incurred by the City are to be paid by the owner. Collection of these costs may be enforced in civil proceedings against the owner APPEAL RIGHTS. (a.) Request for Reconsideration: The owner shall have the right to request reconsideration by the Director of (1) the imposition of the registration fees and/or (2) the designation of a building as a vacant structure by filing an application in writing with the applicable $50.00 non-refundable filing fee to the Director no later than 15 calendar days after the date of notification to the owner that a property has been placed on the vacant property registry or that fees are due under this Article. On the request for reconsideration, the owner shall bear the burden of providing satisfactory proof of occupancy, that the building in question is not a vacant structure, or that the building is exempt from registration. (b.) Appeal: If the owner either (1) filed a Request for Reconsideration and received an unfavorable determination or (2) received an unfavorable decision from the Director, the owner may appeal the Director s decision to a review committee consisting of the City Council Member(s) for the ward in which the structure is located or designee, the City Manager, the Assistant City Manager, the Code Enforcement Director, the Building Inspector, and the Mayor and/or designee. To appeal, the owner must file an application in writing with the applicable $50.00 non-refundable filing fee not later than 30 calendar days from the date of the Director and/or designee s decision. The review committee shall issue a written decision either concurring with or rejecting the findings and conclusions of the Director within 60 days of receipt of appeal. Thereafter the decision of the review committee is final unless within 30 days of such decision the owner appeals for injunctive relief to the circuit court of the county wherein the property is situate WAIVER OF REGISTRATION REQUIREMENT. (a.) A waiver of the registration requirement or an extension of a waiver may be granted upon application of the owner if the owner provides satisfactory proof to the Director and/or designee, 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 Page 7 City of Princeton, adopted October 11, 2016:

8 service, or some other reasonable explanation believed to be short term in nature and documentable as necessary. (b.) Within 30 days after the waiver application is received by the Director and/or designee, the Director and/or designee shall grant or deny the waiver, or request for extension, in writing and dispatch the written decisions by mail to the owner. The Director s decision is appealable under Section (b). (c.) Any waiver granted shall include a beginning date and an ending date and shall be no longer than 90 days without good cause shown DELINQUENT REGISTRATION FEE AS A LIEN. (a.) Except for those owners who have properly perfected an appeal pursuant to Section , if an owner fails to pay any amount due within 45 days under Section , said amount shall constitute a debt due and owing to the City and the City may commence a civil action to collect such unpaid debt. (b.) In lieu of, or in addition to, commencing a civil action as authorized by subsection (a) above, the City may, in accordance and conjunction with West Virginia Code c(e), file a lien for unpaid registration fees against the property where the vacant structure is situated. In the event service is not attained by certified mail, alternative means of service may be used consistent with the West Virginia Rules of Civil Procedure for service DUTY TO AMEND REGISTRATION STATEMENT. If the status of the registration information changes during the course of any calendar year it is the responsibility of the owner, responsible party or agent for the same to contact the Code Enforcement Department within 30 days of the occurrence of such change and advise the Department in writing of those changes RETURN BY DIRECTOR. If any owner fails to file a registration statement as required in Section of this Article within 30 days of the structure becoming vacant as defined by this Article or makes and files willfully or otherwise a false or fraudulent registration statement, the Director and/or designee may proceed to make or cause to be made such registration statement from any information available to him/her DEDICATED ACCOUNT. All fees collected pursuant to this Article shall be deposited into a separate, dedicated account and shall only be used to: (a.) Implement monitor, and administer the Article; (b.) Repair, close, or demolish a vacant structure as authorized in West Virginia Code c(f); and (c.) Improve public safety efforts, especially for police and fire personnel, who most often contend with the dangerous situations manifested in vacant properties. Page 8 City of Princeton, adopted October 11, 2016:

9 PENALTIES. The failure or refusal for any reason of any owner, or agent of an owner acting on behalf of the owner, to register a vacant building, to pay any fees required to be paid pursuant to the provisions of this section within 30 days after they become due, or to adhere to the maintenance requirements of Section shall constitute a violation punishable upon conviction thereof by a fine in the amount of not less than $ nor more than $ for each violation. It shall be a separate violation for each month that an owner knowingly fails or refuses to comply with the requirements of this Article. BE IT FUTHER ORDAINED that Article 1800 of the Codified Ordinances of the City of Princeton shall become effective upon its adoption by Council. First Reading: September 12, 2016 Second Reading and Public Hearing: October 11, 2016 Adopted by City Council: October 11, 2016 Page 9 City of Princeton, adopted October 11, 2016: