Vacancies To Cost Owners

WHEELING - Owning a vacant building in Wheeling may soon get more expensive because it seems City Council is going to use its home rule power to fine property owners for keeping their structures empty.

"The years of just having a building and watching it deteriorate are over," Wheeling Vice Mayor Eugene Fahey said, noting council will hear the first reading of the ordinance establishing the vacant building registration fees during Tuesday's meeting.

Vacant building registration is the final power granted to Wheeling for its participation in the West Virginia Municipal Home Rule Pilot program that ends July 1, 2013.

Article Photos

Photo by Casey Junkins
Wheeling Councilman Don Atkinson believes the city’s vacant property registration program will prevent buildings, like this one at 216 Main St., from deteriorating beyond repair.

"The home rule program lets us deal with irresponsible property owners. ... Things like this are just a shame," Councilman Don Atkinson said upon inspecting a building at 216 Main St. The structure is on the city's list of buildings to be demolished with federal Community Development Block Grant money.

Home rule also allows the city to force the sale of delinquent property to collect liens; issue conditional use zoning permits; and has permitted the streamlining of business licenses from 77 to three.

Council members Gloria Delbrugge, Vernon Seals, Robert "Herk" Henry, James Tiu, Atkinson, Fahey and Mayor Andy McKenzie have debated the registration program during rules committee meetings in recent months.

After ultimately agreeing that fees for vacant buildings were appropriate, members decided property owners should be charged $200 for any building that is vacant for one to two years, $400 for two to three years, $600 for three to four years, $800 for four to five years and $1,600 for a building that is vacant for at least five years. The $1,600 fee would increase will increase by $300 annually for buildings that remain vacant.

But debate continued regarding the criteria city officials would use to identify a vacant building, resulting in further delays before the matter was forwarded for consideration before the full council.

According to the ordinance council is considering, a vacant building is one in which "no person or persons actually, currently conducts a lawfully licensed business, or lawfully resides, dwells, or lives in any part of the building as the legal or equitable owner(s) or tenant-occupant(s), or owner-occupant(s), or tenant(s) on a permanent, non-transient basis."

The ordinance further notes a vacant structure is one in which "exterior maintenance and major systems of the building and surrounding real property thereof ... are in violation of the building codes or health and sanitation codes and if there is not proof of continual utility service evidencing actual use of electric, gas, water service, etc."

"The person or entity asserting that there has been continued utility service has the burden to produce actual bills ... for the relevant period," the ordinance continues, while noting the utilities must actually be used at a minimum to count, rather than simply registered as a utility account.

The ordinance notes that at the time of its passage, all owners of vacant buildings must register the structure with the city's building inspectors.

Also up for first reading at the Tuesday meeting is the ordinance, promoted by McKenzie and City Manager Robert Herron, to eliminate the $10 tax on each vehicle owned by city residents that officials say will save taxpayers about $25,000 annually.

But because the ordinance would raise the annual fire service for each homeowner from $85 to $95, the change is being opposed by Seals and Henry because they believe it will unfairly impact those in lower income brackets who may not own automobiles.

City Clerk Janice Jones said there will be public hearings on the vacant building registration program and the fire service fee shift before they come to final vote at the July 21 meeting.

Those wishing to speak at the Tuesday meeting must sign in by 6:45 p.m.