Can a West Virginia city put a neglected house into receivership?
Yes, if the city has an unsafe-building ordinance that allows it: the ordinance can let the municipal court place a structure into receivership when certain conditions are met. The receiver can be the city or another entity able to make the needed repairs.
The conditions start with an owner who can't be found after reasonable inquiry or who refuses entry, and an administrative search warrant the code enforcement agency has obtained. Inspectors must also find the building can be saved and doesn't need to come down right away. And the agency must tell the court that, without repairs soon, the building will need demolition or poses a serious risk of fire, collapse or attracting children and trespassers.
An owner can ask the court to end the receivership at any time by showing they will repair or demolish the building themselves.
How can a West Virginia city or county make an owner fix or tear down a dangerous house?
Every West Virginia city has power to adopt ordinances for repairing, closing or demolishing buildings that are unsafe, unsanitary or dangerous to the public. A city can make the owner pay for repairs or demolition and file a lien on the property for all its costs.
The law's list of unsafe conditions includes a building so neglected, unsecured or abandoned that it draws children, vagrants or criminal activity.
The city must first give the owner lawful notice and make reasonable efforts to reach an agreement. For some conditions, a city can demolish without the owner's agreement or a court order only if the building is vacant, abandoned or declared unfit, and repairs would cost more than it's worth.
The owner is told of the right to ask the circuit court to stop the work, and if the owner applies, a hearing is held within 20 days or as soon as reasonably possible.
A county commission can order an owner to repair, close, clean up or demolish an unsafe building, and can impose daily civil penalties on an owner who ignores the order. If the owner still doesn't act, the county commission can hire contractors to do the work. The county can then seek a lien for the contractor's costs and any daily penalties, and an order selling the land to pay it.
Do West Virginia cities make owners register vacant buildings?
Cities can, if they choose. State law gives each city power to create a vacant building and property registration and maintenance program by ordinance.
A vacant building is one left unoccupied, or unsecured and used by unauthorized people, for a length of time the local ordinance sets.
The ordinance can charge owners registration fees and can require an owner who lives out of state to name an in-state contact who can accept legal papers.
The ordinance can require the owner to maintain the building to a set standard, and after notice the city can step in, with the owner paying the costs. Unpaid registration fees can lead to a lawsuit or a lien, and the owner gets at least thirty days to pay before a lien is filed.
A separate law lets a city register uninhabitable buildings that violate its building code and charge their owners a fee. If that fee stays unpaid for two years after it is recorded, the city may take the property by forfeiture.
Charleston keeps a Vacant Structure List, and its building inspectors review those properties' exteriors every year to check that they stay weather-tight and secure. Charleston inspectors also look for unregistered vacant properties, and the owner gets a notice to register or explain in writing why the property isn't vacant.
What happens when property taxes go unpaid on a West Virginia house?
The tax lien heads to auction. Each September the sheriff lists properties still behind on taxes, and anything not redeemed by October 31 is certified to the State Auditor.
The Auditor sells the tax liens at public auction at the county courthouse to the highest eligible bidder. The Auditor can bar bidders who have failed to comply with a county or city raze-or-repair order in the past five years.
After the tax lien is sold, the owner or anyone else entitled to pay the taxes can still redeem at any time before a tax deed is issued. The redemption amount starts with the taxes, interest and charges due on the sale date, plus interest of one percent a month from the sale. An owner facing financial hardship can ask the Auditor to let them redeem their primary residence in installments.
A former owner can claim any surplus from the sale above the taxes, interest and costs by filing in circuit court within two years after the sale is confirmed.
West Virginia owners whose vacant house has fallen behind on the mortgage can read this guide to West Virginia foreclosure.
Can a land reuse agency or a next-door neighbor buy a tax-delinquent house in West Virginia?
Where a city or county has set one up and authorized it, a land reuse agency gets the first chance to buy certain tax-delinquent properties inside city limits. Neighbors get a turn after that. Once the agency has the tax deed, it must notify every adjacent owner, and each has 120 days to offer to buy it for what the agency paid plus expenses.
The agency can buy a qualifying property for the taxes owed and related fees before it goes to public auction.
- Qualifying properties include ones on the city's vacant property registry for 24 months in a row, ones already condemned, and ones assessed at $50,000 or less.
- Properties sold at a tax sale in the past three years that were never redeemed or deeded, and properties that have been condemned, qualify too.
The agency may turn down a neighbor who meets the same disqualifying criteria the Auditor applies to tax-sale bidders.
How do you report a neglected property in Charleston, West Virginia?
Charleston's Building Commission has property maintenance inspectors who drive their wards daily looking for violations and can be reached by phone during the workday until 4 p.m.
The city's twenty wards are split among six property maintenance inspectors. Inspectors use Kanawha County tax records to figure out who owns a property.
When an inspector finds violations, the owner gets a certified letter listing them and the deadline to fix them.
You can also tell me where it is. I'll find out who owns it and reach out about buying it and fixing it up.