Council's Corner

 Chapter 2: Housing, Building Regulations and Life Safety Ordinance Section 2-1

(a) Amendments for the Purpose of the Adoption of the International Property Maintenance Building Code, 2012 Edition. There is hereby adopted by the Town of Durbin, for the purpose of establishing rules and regulations for the removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties that certain building code known as the International Property Maintenance Code, being particularly the 2012 edition, thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three copies have been and now are filed in the office of the Recorder of the Town of Durbin, and filed with the WV State Fire Marshall’s Office the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the Town of Durbin.

Section 2-1 (b) Amendments for the Purpose of Absorbing Regulations Formerly Under Separate Ordinance. For the purpose of aligning all former ordinances and regulations as pertaining to housing, particularly “Trailer and Building Regulations” and the previous building ordinance dated September 7, 2007, it is hereby accepted that those former ordinances and regulations be absorbed, or replaced, if amended, by this new document upon its proper passing.

Section 2-2 Definitions for the purposes of this document as they relate specifically to the Housing, Building, and Life Safety Ordinance for the Town of Durbin. The following definitions shall apply in the interpretation and enforcement of this ordinance. A. ACCESSORY STRUCTURE. Shall mean a detached structure which is not used or not intended to be used for living or sleeping by human occupants and which is located on or partially on any premise. B. APPROPRIATE AUTHORITY. Shall mean that person within the governmental structure of the corporate unit charged with the administration of the appropriate code. C. BUILDING. Any enclosed space intended for the shelter, housing or enclosure of persons, animals or materials. D. “BUILDING OFFICIAL”, “APPROPRIATE or ADMINISTRATIVE AUTHORITY”. The words “appropriate authority”, “administrative authority”, or “building official” shall mean the Building Inspector. E. “CITY”, “MUNICIPAL UNIT”, “CORPORATE UNIT” or “TOWN”. Shall all be taken to mean the Town of Durbin. 2 F. DILAPIDATED. Shall mean fallen into partial ruin or decay. G. DWELLING. Shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. H. EXTERMINATION. Shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the local or State authority having such administrative authority. I. “MAYOR”, “CITY COUNCIL”, or “LEGISLATIVE BODY”. Shall all be taken to mean the Select Board of the Town of Durbin. J. MULTIPLE DWELLING. Shall mean any dwelling containing three (3) or more dwelling units and/or rooming units. K. OCCUPANT. Shall mean any person, over one (1) year of age, living, sleeping, cooking, or eating in, or actually having possession of, a dwelling unit or a rooming unit. L. OPERATOR. Shall mean any person who has charge, care, control, or management of a building, or part thereof. M. OWNER. Shall mean any person who, alone or jointly or severally with others:(1) shall have legal title to any premise, building, dwelling or dwelling unit, with or without accompanying actual possession thereof, or (2) shall have charge, care, or control of any premise, building, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. N. PERMISSIBLE OCCUPANCY. Shall mean the maximum number of persons permitted to reside in a building, dwelling unit or rooming unit. O. PREMISES. Shall mean a platted lot or part thereof or un-platted lot or parcel of land or plot of land, either occupied or unoccupied by any building and includes any such building, accessory structure or other structure thereon. P. SAFETY. Shall mean the condition of being free from danger and hazards which may cause accidents or disease. Q. TEMPORARY HOUSING. Shall mean any tent, trailer, mobile home, or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days. R. Corporation Council. Shall mean the Attorney for the Town of Durbin. 3 S. Corporate Limits. Shall mean the incorporated area of the town.

Section 2-3 Establishment of Office of Building Code Official and Related Duties It shall be the duty of the building official to enforce all laws relating to the construction, alteration, removal, and demolition of buildings and structures. (a) The office of building official is hereby created and the executive official in charge shall be known as the building code officer. The office will consist of the Mayor or Acting Mayor, Building Code Officer, and one other council member chosen by the mayor. Code Officers rate fee will be determined upon actual appointment at time of service. The property owner is responsible for the Code Officer’s fee. (b) The Building Inspector is hereby authorized to enter and inspect between the hours of 8:00 a.m. and 5:00 p.m. or other times as convenient to the owner or tenant, all dwellings, dwelling units, and rooming houses, rooming units, and dormitory rooms subject to the provisions of this ordinance for the purpose of determining whether there is compliance with its provisions. Prior to making an inspection of any dwelling, dwelling unit, rooming house, rooming unit or dormitory room or the premises surrounding them, the Building Inspector shall obtain permission for such inspection from the owner or from the occupant where the area to be inspected is occupied by a person other than the owner. If the owner or occupant refuses to grant permission for such inspection, the Building Inspector, upon a showing that probable cause exists for the inspection, may petition and obtain from a circuit court judge, an order directing the owner or occupant to allow the inspection. (c) Liability. The building inspector or any of his employees or agents charged with the enforcement of this ordinance, acting in good faith, shall not be liable personally for any damage that may accrue persons or property as a result of any act required in the lawful discharge of his duties under this ordinance. The Town of Durbin shall defend the building inspector against any suit brought against him resulting from his lawful acts in the performance of his duties under this ordinance and the Town of Durbin shall save him harmless from any order or judgment.

Section 2-4 Fire Limits Established The fire limits of the Town of Durbin are herein by defined as the entire Corporate Limits of the Town of Durbin.

Section 2-5 Building Permit Required (a) Projects which require a building permit (non-exhaustive): Construction, enlargement, alteration, improvement, repairs or rehabilitation, relocation or removal of any building or structure or part thereof; the installation of a solid fuel burning appliance, chimney or flue; the installation or modification of an automatic fire extinguishing system, fire alarm or detection system, fire pumps and related equipment, generators, or standpipe system; the installation of above ground pools and hot tubs; installation of porches or decks; installation of a mobile home unit, installation of fencing. (b) Projects which do not require a building permit (non-exhaustive): Replacement of stucco, siding, or shingles with the same material; replacement of doors when the opening is not altered; patching, painting and decorating; Installation of cabinets and shelves. 4 (c) Projects which require immediate or emergent action: Emergency repairs do not require prior permit application or approval. Applications for emergency repairs MUST be filed within five (5) days of initial damage.

Section 2-6 Fees Permit fees shall be established by the Town Council from time to time by resolution, and a copy of such fee schedule shall be posted in the Town Office and made available to each applicant upon request. (a) No permit as required by the building code shall be issued until the fee prescribed in this ordinance is paid in full. Neither shall an amendment to an existing permit be approved until the additional fee, if applicable, is paid in full. (b) For a permit for the construction or alteration of a building or structure, the fee shall be Fifteen dollars ($15.00). (c) No person, including an owner, operator, agent or contractor thereof shall relocate, move or transport or cause to be relocated, moved or transported any dwelling without first applying for and receiving a permit from the Building Inspector. Such a permit shall be known as a Relocation Permit. A Relocation Permit shall not be issued until all delinquent property taxes and water and sewer fees, including all accrued interest and penalties, have been paid in full. (1) For a permit for the removal of a building or structure from one lot to another, the fee shall be Fifteen dollars ($15.00). (2) For a permit for the removal of a building or structure to a new location within the same lot, the fee shall be Fifteen dollars ($15.00). (d) For a permit for the demolition of a building or structure, the fee shall be Fifteen dollars ($15.00). All construction debris must be removed within thirty days from the date of completion of the project covered by the permit. (e) For a permit for the set-up of a house trailer (mobile home), the fee shall be Fifteen dollars ($15.00). The permit for a mobile home would allow for the addition of decks, porches, steps and /or underpinning within six months of the permit issue date. After six months from the permit issue date, a new permit will be required for the aforementioned projects. (f) Phase building: For permits to construct in building phases, notification must be given at the time of initial permit application. The initial permit fee is valid for twelve (12) months and renewable every subsequent twelve (12) months at the current permit fee rate, until construction is complete. 1) Exceptions granted for adverse weather for prolonged periods of time 2) Exceptions granted on council bias.

Section 2-7 Applications for Permits Permit applications must be filled out honestly and completely. Required information will consist of, but may not be limited to: (a) Type of Project (construction, demolition, mobile home, relocation, remodel, etc.) (b) Estimate of Cost (c) Estimate of Time to complete (d) Location of Property (e) Use of the Premises (private residence, rental, storage, recreation, etc.) (f) Type of Heating system (if applicable) (g) For pool and spa permits, proof of added insurance coverage is required.

Section 2-8 Construction Regulations For the purposes of regulating the set-up of mobile home units and all new construction including new homes, accessory structures, carports, storage units, outdoor wood stoves, and the installation of pools, hot tubs, decks, porches, etc. (a) No mobile home unit is permitted in the business area. The business area shall be defined as Main Street starting at Highland Avenue going east to Hollow Drive. (b) A minimum of 7 ½ feet is required from the property line of another property owner with a minimum of 15 feet between any building, trailer, house or any other structure from that of another property owner. (c) No more than one residential dwelling can be placed on a town lot. Buildings which purpose is to provide multiple occupancies (i.e. apartment buildings) will be viewed as one structure. (d) A minimum of 25 feet is required from the center of any street and a minimum of 10 feet is required from the center of any alley to any building, trailer, house, or any other structure. (e) Residential dwellings, new construction or mobile homes, must be positioned in line with other trailers or homes adjacent to the new structure. (f) Each residential dwelling requiring a sewage hook-up will be required to pay two-hundred fifty dollars ($250.00). Additionally, the property owner is responsible for the installation and costs of the sewage lines to the point where the lines connect to the town.

Section 2-9a Nuisance The following conditions are public nuisances: (a) Any property or portion thereof which, as the result of the development, use and/or conditions created thereon, has become unsafe, injurious to health, indecent, offensive to the senses, or which unlawfully obstructs the free passage or use, in the customary manner, of any city park, square, sidewalk, street, or highway, or which constitutes a fire hazard; (b) Any dangerous building or structure; (c) Any substandard housing or dwelling.

Section 2-9b Nuisance-Expounded For the purpose of this chapter, the words set out in this section shall have the following meanings: (a) “Abandoned building or structure” means any building or structure which has not been actively utilized for a lawful purpose, which has not been maintained, and which has not been rendered inaccessible to members of the public by boarding or similar means, for a continuous period of not less than six months. (b) A “dangerous building or structure” means that the condition or defect hereinafter described exists to the extent that life, health, property or safety of the public or its occupants is endangered:  (1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; (2) Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed in the city building code for new buildings of similar structure, purpose or location; (3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the city building code for new buildings of similar structure, purpose or location; (4) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; (5) Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified in the city building code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the city building code for such buildings; (6) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; (7) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse; (8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; (9) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb-line passing through the center of gravity does not fall inside the middle one-third of the base; (10)Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, fifty percent damage or deterioration of its non-supporting members, enclosing or outside walls or coverings; (11)Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated through lack of maintenance, as to become an 7 attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts; (12)Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion, less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the strength, fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location; (13)Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined by the enforcement officer, to be unsanitary, unfit for human habitation of in such condition that is likely to cause sickness or disease; (14)Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, faulty gas connections or heating apparatus, faulty construction, or other cause, is determined to be a fire, health, or safety hazard; (15)Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure; (16)Whenever any building or structure is abandoned. (c) A “public nuisance” is one which affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. (d) “Substandard housing” and/or “unsafe use of property” means, in addition to the conditions described in subsection (B)(1) through (16) of this section, that one or more of the following conditions or defects are present in a dwelling unit, guest room, suite of rooms or the premises on which the same are located; or a condition created on the property through use of the property, which are ordinarily and customarily used for human habitation, to the extent that the life, limb, health, safety or property of the occupants or the public are in danger: (1) Inadequate sanitation, which shall include but not be limited to the following: (a) Lack of or improper water closet, lavatory, bathtub or shower in a dwelling unit, (b) Lack of or improper water closet, lavatories, and bathtubs or showers per number of guests in a hotel, (c) Lack of or improper kitchen sink, (d) Lack of hot and cold running water to plumbing fixtures in a hotel, (e) Lack of hot and cold running water to plumbing fixtures in a dwelling unit, 8 (f) Lack of adequate heating facilities, (g) Lack of or improper operation of required ventilation equipment, (h) Lack of minimum amounts of natural light and ventilation as required by Title 14 of this code, (i) Room and space dimensions less than required by Title 14 of this code, (j) Lack of required electrical lighting, (k) Excessive dampness of habitable rooms, (l) Excessive infestation of insects, vermin or rodents, (m) General dilapidation, (n) Lack-of connection to functional sewage disposal system, (o) Discharge of sewage on the surface of the ground, and (p) Lack of an adequate and safe water supply; (2) Structural hazards, which include but are not limited to the following: (a) Deteriorated or inadequate foundations, (b) Defective or deteriorated flooring or floor supports, (c) Flooring or floor supports of insufficient size to carry imposed loads with safety, (d) Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration, (e) Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety, (f) Members of ceiling, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration, (g) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety, (h) Fireplaces or chimneys which list, bulge or have settled, due to defective materials or deterioration, (i) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety, and (j) Cesspools and septic tanks which are structurally unsound; (3) Hazardous wiring; (4) Hazardous plumbing, which includes but is not limited to the following: (a) Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal, 9 (b) Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition, and (c) Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building; (5) Hazardous mechanical equipment; (6) Faulty weather protections, which includes but is not limited to the following: (a) Deteriorated, crumbling or loose plaster, (b) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors, (c) Defective or lack of weather protection for exterior wall coverings, including lack of paint or weathering, and (d) Broken, rotted, split or buckled exterior wall or roof coverings; (7) Fire hazard, which shall mean any building (or portion thereof), device, apparatus, equipment, combustible waste vegetation which is likely to provide a ready source of fuel to augment the spread and intensity of a fire or explosion; (8) Faulty material of construction; (9) Hazardous or unsanitary premises, which shall mean those premises on which an accumulation of weeds, vegetation, junk, abandoned refrigerators/freezers, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, hazardous materials, and similar materials of conditions constitute fire, health or safety hazards; (10)Inadequate exits; (11)Inadequate fire-protection or fire-fighting equipment, which shall mean all buildings or portion thereof which are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by Title 14 of this code, or whose fire-resistive integrity and fire-extinguishing systems or equipment have not been adequately maintained and improved in relation to any increase in occupant load, alteration, addition, change in occupancy or change in use; (12)The presence, disposals, releases or threatened releases of hazardous substances, or hazardous wastes, on, from or under the property. The terms “disposal,” “releases,” “threatened release,” “hazardous substances” and “hazardous wastes” shall have definitions assigned thereto by the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, as amended. Also including all hazardous materials that is defined by the State of West Virginia Hazardous Waste Management Act, §22-18-2. 10 (13) Overcrowding defined as: (1) More than one (1) generation sharing sleeping quarters (2) Multiple children sharing sleeping quarters when said children are opposite sexes or are more than 5 years apart in age; (3) A group of not more than three (3) persons not related by blood or marriage living and cooking together as a single housekeeping unit. Section 2-10 Notice of Violation (a) Whenever the Building Inspector determines that any building, the premises surrounding the building or any person, fails to meet the requirements set forth in this ordinance or in applicable rules and regulations issued pursuant thereto, he shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator, or agent that such failures must be corrected. This notice shall: (1) Be in writing. (2) Set forth the alleged violations of this ordinance or of applicable rules and regulations issued pursuant thereto. (3) Describe, if applicable, the building, dwelling, dwelling unit or rooming unit where the violations are alleged to exist or to have been committed. (b) When the Building Inspector finds that the violations have been corrected and all accrued penalties, fines and recording fees have been paid, he shall cancel such notice, and if such notice has been recorded he shall cause such cancellation to be noted on the Land Records.

Section 2-11 Repairs and Other Corrective Action (a) Whenever an owner, operator, or agent of a building, dwelling, dwelling unit, or rooming unit fails, neglects, or refuses to make repairs or other corrective action, the Building Inspector may undertake such repairs or action, when in its judgment a failure to make them will endanger the public health, safety, or welfare. (b) Notice of the intention to make such repairs or take other corrective action shall be served upon the owner operator, or agent (1) When repairs are made or other corrective action taken at the direction of the Building Inspector, cost of such repairs and corrective action shall constitute a debt in favor of the Town against the owner of the repaired structure. In the event such owner fails, neglects, or refuses to pay the amount of this debt, it shall be recoverable in a civil action against the owner or his successor, brought in a court of competent jurisdiction by the Town which shall possess all rights of a private creditor. (c) Designation of Unsafe Buildings and Unfit Dwellings, Dwelling Units, and Rooming Units. (1) Any building shall be declared unsafe and any dwelling, dwelling unit, or rooming unit shall be designated as unfit for human habitation, when any of the following defects or conditions are found, and when, in the judgment of the Building Inspector these defects create a hazard to the health, safety, or welfare of the occupants or of the public: 11 (2) Is damaged, decayed, dilapidated, insanitary, unsafe, or vermin-infested; or (3) Lacks illumination, ventilation, or required sanitation facilities; or (4) The general condition of location is insanitary, unsafe, or unhealthful. (d) Whenever any dwelling, dwelling unit, or rooming unit has been designated as unfit for human habitation, the Building Inspector shall placard the dwelling, dwelling unit, or rooming unit, indicating that it is unfit for human habitation, and, if occupied, shall order the dwelling, dwelling unit, or rooming unit vacated within a reasonable time, such time to be not less than 15 days or more than 30 days. Notice of the intention to order that a dwelling, dwelling unit or rooming unit be vacated shall be served upon the owner operator or agent. (1) No dwelling, dwelling unit, or rooming unit which has been designated as unfit for human habitation and which has been placarded as such and has been vacated shall be used again for human habitation until written approval is secured from the Building Inspector and the placard removed by the Building Inspector (2) The Building Inspector shall rescind the designation as unfit for human habitation and remove the placard when the defect or condition upon which such designation and such placarding was based has been removed or eliminated as to cause the dwelling, dwelling unit, or rooming unit to be deemed by the Building Inspector as a safe, sanitary, and fit place or unit for human habitation. (3) No person shall deface or remove the placard from any dwelling, dwelling unit, or rooming unit which has been designated as unfit for human habitation and has been placarded as such. (4) Any person affected by any decision of the Building Inspector or by any designation or placarding of a dwelling, dwelling unit, or rooming unit as unfit for human habitation shall be granted a hearing on the matter before the Housing Board of Review.

Section 2-12 Buildings, Condemned (a) The Building Inspector shall order a building, to be demolished if it has been designated as unsafe or unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair as to rescind the designation as unsafe or unfit for human habitation and to cause, the placard to be removed. (b) The owner of any building, dwelling, dwelling unit, or rooming unit which has been ordered demolished, shall be given notice of this order and shall be given a reasonable time, not to exceed ninety (90) days, to demolish such structure and remove it in a legal manner or bring it up to code. A report from an inspector stating it has been brought up to code must be presented to council by said inspector, not property owner. (c) Any owner aggrieved by the notice to demolish may within 30 days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a formal hearing. (d) If property is not condemned and removed or brought up to code by the end of the 90 days, the town will impose a fine of no less than $500.00 per month for the first two months, $750.00 for the third month, and $1000.00 for every month after that until property is dealt with accordingly. (e) Whenever a building is demolished, whether carried out by the owner or by the Building Inspector such demolition shall include the filling in of the excavation remaining on the property on which the demolished building was located, in such manner as to eliminate all potential danger to the public health, safety, or welfare arising from such excavation. 12 (f) All demolitions shall be preceded by an inspection of the premises by the Health Officer to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rodent extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during, and after demolition.

Section 2-13 Saving Clause Nothing in this ordinance or in the building code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired, or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.

Section 2-14 Validity The invalidity of any section or provision of this ordinance or of the International Property Maintenance code hereby adopted shall not invalidate other sections or provisions thereof.

Section 2-15 Inconsistent Ordinances, Repeal Ordinances or parts thereof in force at the time that this amendment shall take effect and will remain in force such as Section 2-3, Establishment of Office of Building Code Official and Related Duties, Section 2-2, Definitions, and Section 2-6, Fees. Any parts inconsistent herewith, are hereby repealed.

Section 2-16 Plenary Power Given §8-12-16 West Virginia Code, 2013 (a) A Municipality may adopt ordinances 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 fire hazard, accidents or other calamities, lack of ventilation, light or sanitary facilities 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. (b) The governing body in formally adopting the ordinances shall designate the enforcement agency, which shall consist of the mayor, the municipal engineer or building inspector and one member at large, to be selected by and to serve at the will and pleasure of the mayor. The ranking health officer and fire chief shall serve as ex officio members of the enforcement agency. (c) Any ordinance adopted pursuant to the provisions of this section must provide fair and equitable rules of procedure and any other standards deemed necessary to guide the enforcement agency, or its agents, in the investigation of dwelling or building conditions, and in conducting hearings: Provided, That any entrance upon premises for the purpose of making examinations is made in a manner as to cause the least possible inconvenience to the persons in possession.  (d) The governing body of every municipality has plenary power and authority to adopt an ordinance requiring the owner or owners of any dwelling or building under determination of the State Fire Marshal, as provided in section twelve, article three, chapter twenty-nine of this code, or under order of the enforcement agency of the municipality, to pay for the costs of repairing, altering or improving, or of vacating and closing, removing or demolishing any dwelling or building. (e) Every municipality: (1) May file a lien against the real property in question for an amount that reflects all costs incurred by the municipality for repairing, altering or improving, or of vacating and closing, removing or demolishing any dwelling or building; and (2) May institute a civil action in a court of competent jurisdiction against the landowner or other responsible party for all costs incurred by the municipality with respect to the property and for reasonable attorney fees and court costs incurred in the prosecution of the action. (f) Not less than ten days prior to instituting a civil action as provided for in this section, the governing body of the municipality shall send notice to the landowner by certified mail, return receipt requested, advising the landowner of the governing body's intention to institute such action. (g) The notice shall be sent to the most recent address of the landowner of record in the office of the assessor of the county where the subject property is located. If, for any reason, such certified mail is returned without evidence of proper receipt thereof, then in such event, the governing body shall cause a Class III-0 legal advertisement to be published in a newspaper of general circulation in the county wherein the subject property is located and post notice on the front door or other conspicuous location on the subject property. (h) If any landowner desires to contest any demand brought forth pursuant to this section, the landowner may seek relief in a court of competent jurisdiction. (i) All orders issued by the enforcement agency shall be served in accordance with the law of this state concerning the service of process in civil actions, and, be posted in a conspicuous place on the premises affected by the complaint or order: Provided, That no ordinance may be adopted without providing for the right to apply to the circuit court for a temporary injunction restraining the enforcement agency pending final disposition of the cause. (j) In the event such application is made, a hearing thereon shall be had within twenty days, or as soon thereafter as possible, and the court shall enter such final order or decree as the law and justice may require.

THIS ORDINANCE OF THE COLINCIL OF THE TOWN OF DURBIN, WEST VIRGINIA, REPEALING SECTION 11, CHAPTER 3, ARTICLE II, SUBSECTION 3-7, AND IN ITS PLACE ADOPTING A PORTION OF THE STATE BUILDING CODE PROMULGATED BY THE STATE FIRE MARSHAL PURSUANT TO AUTHORITY GRANTED UNDER W, VA, CODE 29.3.5b WHEREAS; The Council of the Town of Durbin, West Virginia, has determined, that pursuant to plenary power granted to the municipality pursuant to West Virginia Code 8-11- 4 and 8-12-13, that the adoption of the portion of the west Virginia Building Code, specifically the 2022 edition of the International Property Maintenance Code, will be in the best interest of the citizens and residents of the Town of Durbin, by providing a uniform standard of building specifications and providing notice to citizens and contractors in the Town of Durbin of particular rules and regulations as they apply to the creation, building, repair, renovation, demolition, destruction and removal of applicable structures within the Town of Durbin. The following is a repeal of an Ordinance of the Town of Durbin adopting that certain publication titled the "National Building Code," being the 1967 edition thereof and replacing the same by adopting the 2022 edition 14 of the international property maintenance Code, published by the International Code Council, regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of applicable structures built within the Town of Durbin, and providing the issuance of permits and collection of fees therefore, repealing all previously enacted ordinances of the Town of Durbin or parts of ordinances in conflict with the adoption of the same.

NOW, THEREFORE, be it ordained and enacted by the Council of the Town of Durbin, West Virginia, that Section 11, Chapter 3, Article II, Subsection 3-7 be amended and the same is hereby re-enacted as follows:

Sec. 3-7 Adopted. (a) There is hereby adopted and incorporated by reference, for the purpose of safe guarding life and property and to ensure the quality of construction of the applicable structures situate throughout the municipality, that certain code known as the 2022 edition of the International Property maintenance Code, as amended or revised by the West Virginia State Fire Marshal prior to or subsequent to adoption of this Ordinance, and all model codes and standards adopted thereunder are hereby adopted by reference as if fully set forth verbatim herein, which is part of the code known generally as the State Building Code as promulgated by the State Fire Marshal pursuant to authority granted under West Virginia Code 29-3-5b. (b) The State Building Code, as adopted and incorporated by reference herein, and application within this Municipality shall be subject to Legislative Rules adopted by the State Fire Marshal and authorized by the West Virginia Legislature. (c) The following sections of the State Building Code, as adopted and incorporated by reference herein and hereby revised as follows: (i) Section 1 01. 1 Insert; "Town of Durbin" (ii) Section 103.5. Insert: "The fees for activities and services performed by the Town of Durbin. Personnel or its agents in carrying out its responsibilities under this code shall be set forth in a fee schedule adopted by the Town of Durbin, which may be amended from time to time" (iii) Section 112.4. Insert: "a fine of no less than $50 dollars or more than $500 dollars," (iv) Section 302.4. Insert: "six (6) inches" (v) Section 304,14. Insert: "April 1 to October 1" (vi) Section 602.3, Insert: "From November I to April I " (vii) Section 602.4. Insert: "From November 1 to April 1 " (d) Nothing in this legislation or in the international property Maintenance Code hereby adopted shall be construed to affect suit or proceeding impending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed of this law. Nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this legislation. 15 (e) Any existing ordinance that is determined to be more stringent or imposes a higher standard than is required by the international property maintenance Code shall govern, provided such ordinance is not contrary with the laws of the State of West Virginia and is not contrary to recognized standards and commonly accepted engineering practices. (f) The Code Official shall enforce the provisions of the International Property Maintenance code. The Code Official shall have the authority to render interpretations of the code and to adopt policies and procedures in order to clarify the applications of its provisions, The Code Official shall issue all necessary notices and orders to ensure compliance. Such interpretations, policies, and procedures shall comply with the intent and purpose of this code. The Code Official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. (g) The Town of Durbin Mayor or Council shall assist the Code Official in the enforcement of the International Property Maintenance Code. (h) The Violation; Penalties section of the International Property Maintenance Code is hereby amended and completed as follows: Any person who shall violate a provision of the International Property Maintenance Code or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and fined not less than twenty-five dollars ($25.00), nor more than one hundred ($100.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense. Failure to comply with a demolition order shall be deemed a violation subject to the Penalties prescribed herein. (i) If any section, sentence, clause, or phrase of this Ordinance shall be declared invalid for any reasons whatsoever, such decisions shall not affect the remaining portions of this Ordinance, which shall continue in full force effect, and to this end the provisions of this Ordinance are hereby declared to be severable. (j) Jurisdiction over the enforcement of this Ordinance shall be with the Town of Durbin's Mayor pursuant to the power and duties of the mayor as codified at West Virginia Code 8-I0-1.

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First Reading: _____6/21/2023_________

Second Reading: ___6/28/23___________

 Adopted on: _______________________

Mayor ________John Osborne

 Recorder _____Jennifer S Samples

 

 

To view this ordinance in its entirety please visit: Welcome to Durbin.com. Paper copies will be distributed at Town Hall,  Durbin Post Office and The Pocahontas Times. To request your copy please contact in writing to:

Town of Durbin P O box 37 Durbin, WV 26264.

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