Vacancies To Cost Owners
Empty building fees on council’s agendaBy CASEY JUNKINS
Article Photos
Fact Box
THE NEXT MEETING
Wheeling City Council will meet at 7 p.m. Tuesday in Council Chambers on the second floor of the City-County Building, 1500 Chapline St.
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.
"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.
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Honesty
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07-07-09 8:54 PM
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Home rule is socialist as everyone expected it to be.Does the city think people that have rental property are not renting it to spite home rule. We are governed by ignorance and it is a shame they keep kicking those that are down. Had hope for this council but the hope went the way of Obamas hope. Hope changed to cope almost overnight! Good BYE America! Where are the college students when you need them to speak out. Oh, forgot they have been indoctrinated by their socialist teachers!
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EllisWyatt
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07-07-09 7:04 PM
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Cap & Trade, like all government programs that may have had, at some point, good intentions, will have the opposite effect. Not only will Cap & Trade not reduce pollution, but the bill will shove millions of Americans into Third World-style living. Government tried to make housing available for people in New York City by passing Rent Control. The idea was to keep rents down so that people could afford housing. Meanwhile, landlords were expected to keep their buildings up to code, while keeping rent at 1946 levels. What happened? Landlords couldn't afford to keep up their properties. They either abandoned them or paid for Jewish Lightning (arson). The result? A government plan to increase the housing supply actually ended up severly reducing the housing supply, and forced many people into homelessness. Great job, Government!
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formerohvalleyresident
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07-07-09 5:30 PM
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I believe I read somewhere that under this new abysmal Cap and Trade bill that to sell a house or building, it must be brought up to current California Building Code standards for insulation and energy efficiency. If this were true, that would make these old buildings impossible to sell. So the owners may as well just tear them down and leave the empty space. I see more greenbelts with parking meters in Wheeling’s future!
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Rockledge
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07-07-09 11:45 AM
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Ellis, a famous foreign leader once said, "Do or do not, there is no try", but otherwise you are spot-on with your analysis. With this proposal, we penalize those who do not, we are already penalizing those who do. Maybe if those who 'do not' can unload their property on those who maybe can 'do', then we realize two results, first an effective lowering of property values for distressed properties, and second a reshuffling of property to those who may have a better vision for its use
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Mchaz2009
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07-07-09 9:58 AM
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When the Captitol is all done the city will once again flourish...then no more vacant buildings (lots of sarcasm)
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packard
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07-07-09 7:26 AM
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If we address the real problems first we would not have many vacant structures. Better police protection Enforcement of existing laws on the streets of Wheeling A building inspection department that knows what it is doing and not making up regulations You call us the friendly city and I see no help or sincere effort towards the problems that create these vacancies.
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EllisWyatt
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07-07-09 7:02 AM
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leftwhileyoung Isn't it remarkable? WV and Virginia are right next to each other yet WV's "leaders" use every excuse in the world to explain why WV is poor. The fact is, West Virginia is considered by most investors to be the worst place in the nation in which to do business, while Virginia is usually the 1st or 2nd BEST place. Why is WV poor? Well, this article explains part of that. Punishing those who are trying to be productive is no way to build a tax base. Also: Virginia is a Right To Work state. WV is not. West Virginia is considered a judicial hellhole, with nine-figure jury awards fairly common. It continues to elect the same, tired "leaders" at all levels. Its' education system is poor. Its' taxes (and fees) are often cost prohibitive. Its' workers comp rates are costly due to half the state collecting comp at one time or another. Its' unions are militant and violent. Its' "leaders" have no understanding of capitalism.
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iknow44too
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07-06-09 11:45 PM
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This is the reason HOME RULE should of been done away with before it got started. You have a mayor that was in the state legislature and didn't understand when and what are the reasons for holding executive session. I wonder if he has read the city charter and ordinances. Now you have city governmemt trying to pass laws that may or may not be legal. I'm sure there are laws already on the books to take care of this problems but they don't generate enough income for the city to waste. Governments isn't suppose to be a city decorator. Take care of the necessities first like smaller government and enforce the laws on the books. Then maybe people will return to a city free of taxes and fees. I always wanted to live where taxes are taxes and fees are just another word for taxes.
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ChipCarte
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07-06-09 10:50 PM
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I was right go back and read what I said when the paper had the article about wheeling being a great place to live. i stated it was going to cost you down the road for that article one way or the other. This is just one of the stupid cost that city goverment plans and obviously never sat and thought about this one.tear down the homes that no one has lived in for a year,and leave the other alone as long as they are maintaining it.
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Thebudman
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07-06-09 9:23 PM
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Please tell me why someone would buy a building, investing large amounts of capital, then purposely allow it to be vacant? What is the motivation? A tax write-off perhaps, surely the owner is not speculating these buildings are going to appreciate in the near future! If no one is willing to rent the building, how could that be the owners fault. Assuming the owner has maintained the building and has tried to rent, why should they be fined? Seems the City is kicking while their down.
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DavidF
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07-06-09 8:10 PM
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Left while young....do not be confused Virginia does not want us back...beside that we would have to become a slavery state again.
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OhValleyGuy
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07-06-09 4:53 PM
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I think this should be thought through very carefully. I agree with some that, given today's economic climate, this is not the time to enact such an ordanance as some buildings are nearly impossible to rent out to decent tenants who can pay a fair rent. If you want a property owner to keep up their property and make it appear that it's being maintained, then simply say so! Also, the city government better look in its own backyard and at all the vacant buildings it owns before pointing fingers at other property owners. This is also one of those ordinances where the people who enact it may have the best of intentions, but unless it's worded properly and carefully, a later administration that's power hungry or has a different agenda could use this ordinance for very different purposes than for what it was originally intended.
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leftwhileyoung
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07-06-09 4:36 PM
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The smartest thing that West Virginia could do is to kiss and make up with your "parent" state Virginia and ask to become part of that state again. Your education system would jump through the roof. Virginia is one of the most business friendly states in the United States. Can't see any downside to this.
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Schumacher
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07-06-09 4:20 PM
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C'mon they are not going to fine all of the empty buildings! Read the article. It further defines a vacant property. If your property does not meet the definition it shouldn't be fined. At least we hope not! ;) 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."
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DavidF
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07-06-09 3:48 PM
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Wheeling needs to torn down and returned to the beautiful splendor it once was, before mankind. WHEELING GO GREEN!!!!!!or was that ERIN GO BRALESS?
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mernie
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07-06-09 2:53 PM
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So, that nice newly refurbished building next to the Capitol is going to be fined because it is empty? Let's fine the folks that own the old Murphy's five and dime, oops, that's not gunna happen! How's about a committee to discuss this again including realtors, property owners, etc. before it is made law. It's like cap and trade on the local scene. Egads.
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true2bun
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07-06-09 2:19 PM
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i meant fined?
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true2bun
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07-06-09 2:16 PM
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will my vacation home be taxed since I only use it three weekends a year?
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Zipperhead
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07-06-09 1:47 PM
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wv26003....You are feeling so threatened, relax, for every person at the local tea-party there are 100 mall zombies and valley jock sniffers, who don't have a clue what is going on in the world, and are like putty in Obama and his left-wing fringe government's hand.
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Captain
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07-06-09 12:55 PM
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This is truly among the dumbest things our city government has done in a long time. Let's start a contest of the top stupid moves they do on our behalf! My building is in great condition, we work on it frequently and keep it that way. Now I have to run out and find some vagrants to occupy it and destroy it just to avoid another retarded fee from the "Friendly City"? Are you kidding? Let's go ahead and raise the parking meter rates too and just finish off downtown Wheeling once and for all.
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billybob
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07-06-09 12:55 PM
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Some think you should pay your tennants to live there. You rent out in good faith and it gets trashed or in my friends case the tennant lit it off. I live in an area with a good amount of rental property. The trash not only trash the property and surrounding area but take forever to be rid of them. A house near us was vacant for thirty years but kept in good repair. No the family that owned that should not be taxed because of it being empty. What else should you look at look at the rented places with plywood in some windows. That is a slumlord. I don't defend them.
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ElmGroveMan
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07-06-09 12:12 PM
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wv26003 slumlords? If it is rented even by a slumlords as you call them then they are not penalized. great way to divert the attention though. Accoustic forceful motivation is not motivation at all.
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mernie
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07-06-09 12:01 PM
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So, if I own a building that is rental property, keep it up, but can't find anyone to rent it, I am going to be penalized because there are no jobs for people in Wheeling who might need housing? So you take more money out of an already decreasing income, mine, which I currently use to maintain my property in hopes of getting a paying tennant? What the heck? I can see fining people for health department violations, but this is ridiculous.
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acousticportal
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07-06-09 12:00 PM
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It's called motivation Elmie. Some of these owners have done absolutely nothing to keep their buildings safe or asthetically acceptable. It is the city's desire to increase business...this is one way to do that. Take the Rogers Hotel for example. What reaction do you think out of towners have when they see that, right in the middle of downtown? Without some incentive to do something, anything, it seems that many do nothing and let their property fall to pieces. It's motivational ordiance.
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wv26003
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07-06-09 11:57 AM
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Seeing people on here defending slumlords is quite amusing.
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