WHEELING - Owners of vacant structures that violate city building codes now have a choice: tear down, fix up or pay out.
City Council on Tuesday approved by a 5-0 vote the controversial vacant structure ordinance, which officials believe will help clean up the neighborhoods. The ordinance goes into effect immediately, with a one-year grace period for vacant building owners to either get a tenant, repair their structures, including utility hook-ups, or face fines.
In a separate matter, residents will learn by Aug. 18 if they will get to vote on whether to overturn a 1972 law that requires two police officers in each patrol car. City Council on Tuesday accepted a certified petition signed by more than 10 percent of the city's voters calling for a special election on the two-officer cruiser issue.
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Photo by Casey Junkins
Wheeling Mayor Andy McKenzie makes a point to Councilwoman Gloria Delbrugge prior to the Tuesday Council meeting.
With the vacant structure ordinance, council members Gloria Delbrugge, Vernon Seals, James Tiu, Don Atkinson and Mayor Andy McKenzie voted 5-0 - Vice Mayor Eugene Fahey and Councilman Robert "Herk" Henry were absent - to approve the measure because they believe it will assist the city's efforts to eliminate slum and blight.
Under the powers granted by the West Virginia Municipal Home Rule Pilot Program, the city is now able to charge property owners $200 annually for a building that is vacant for one to two years; $400 for a building vacant two to three years; $600 for three to four years; $800 for four to five years vacant; and $1,600 for a building that is vacant for at least five years.
The $1,600 fee will increase by $300 annually for buildings that remain vacant.
City Manager Robert Herron said the vacant structure ordinance is designed to work in conjunction with the recently adopted lien enforcement ordinance, which is also a home rule power.
"This program is going to generate revenue. The registration fees will go back into enforcement of the program," he said.
"The exterior of the building must be in violation of code, and there must be no active utilities to the building," Herron added in explaining what structures would be in violation of the ordinance.
Though council approved the ordinance, resident William Hefner questioned the action.
"This ordinance, as written, is an administrative nightmare," he said of the vacant structure regulations.
As for the cruiser petition, City Clerk Janice Jones said a total of 2,469 registered voters signed to allow a vote to rescind the two-officer per cruiser mandate.
According to Section 17 of the City Charter, "If the petition be certified to council ... council shall call for a special election, unless a general election is to be held within 90 days thereafter." The estimated cost of a special election is $70,000.
Following the meeting, McKenzie said City Solicitor Rosemary Humway-Warmuth will now draft an ordinance calling for the special election.
The ordinance will be up for first reading on Aug. 4, with the vote set for Aug. 18.
Delbrugge, who is openly opposed to changing the two-officer requirement, had no comment following the meeting.