Council Debates Vacant Fee Law
Tiu: Focus of proposal is to clean up WheelingBy CASEY JUNKINS
Article Photos
WHEELING - City Councilman James Tiu said the ordinance that would tax owners of vacant structures is not about generating revenue - it is to prevent neglected buildings from becoming hazardous.
Mayor Andy McKenzie stressed during the Tuesday City Council meeting that the ordinance council heard for first reading does not simply target structures that are vacant - the focus will be on owners who do not maintain their properties.
"This ordinance is not for revenue generation - we hope to never collect a dime on this," Tiu said of the program the city is allowed to adopt because of its participation in the West Virginia Municipal Home Rule Pilot Program.
Council has decided to charge property owners $200 for a 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.
During the meeting, Tiu asked City Clerk Janice Jones to read a portion of the ordinance - on which council will vote during its 7 p.m. July 21 meeting - dealing with the purpose of the proposed law.
"The City ... shall inspect and monitor vacant buildings (especially vacant downtown buildings), shall assess the effects of the condition of those buildings on nearby structures, and shall promote substantial efforts to rehabilitate and develop such buildings when appropriate," Jones read from the ordinance.
"Rather than addressing dilapidated structures, now we are looking to prevent vacant structures from becoming dilapidated structures," Tiu said after Jones was finished reading.
Expanding on Tiu's point, McKenzie noted city officials are not targeting responsible property owners.
"It is not about being vacant - it is about being abandoned and dilapidated," McKenzie said.
According to the ordinance, 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."
Councilman Don Atkinson said last week the city's additional home rule powers would allow it to place liens on the properties of those who do not pay the fees, and then force the sale of the properties to collect the money if the owners still do not pay the fines.
Also up for first reading at the Tuesday meeting was 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 opposed by Councilmen Vernon Seals and Robert "Herk" Henry. They believe it will unfairly impact those in lower income brackets who may not own automobiles.
Henry - noting that he would most likely miss the July 21 meeting - asked City Solicitor Rosemary Humway-Warmuth if he could issue an "absentee" vote, but she told him he could not.
In another matter, City Manager Robert Herron convinced council to have two readings of the ordinance to enter an engineering contract with CT Consultants. The ordinance reads the company will provide, "services associated with wastewater system improvements for the city of Wheeling's Water Pollution Control Department, at a cost not to exceed $1,360,000."
Council approved the ordinance 6-0, as Seals was absent from the meeting.
The description and breakdown of the $15 million wastewater improvement project available for inspection in Herron's office shows engineering plans for connector line modifications and interceptor cleaning. Engineering plans for the sewer separation projects in Clator, Bedillion Lane, the area of Fifth and Main streets, W.Va. 2 near 41st Street, Stamm Lane and Alice Avenue are also included.
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LordDunmore
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07-08-09 7:17 PM
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I drink a bud lite every once in a while.
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OhValleyGuy
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07-08-09 6:32 PM
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As I mentioned when I saw the last story about this ordinance, they need to be careful about how this it's written and make sure it deals specifically with the concerns they have about buildings falling into disrepair. If they pass an ordinance which can be wildly misinterpreted such as this one can, it may be used at a later time for other purposes if a future administration has a different agenda and if it's not written carefully.
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EllisWyatt
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07-08-09 6:28 PM
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The city should tax those who do not seek work, who collect comp for life, drink Natural Light and smoke cheap cigarettes. This would solve all of their budget problems.
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OhValleyGuy
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07-08-09 6:26 PM
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So if this is not about buildings being vacant, and more about buildings not falling into disrepair and becoming dilapidated, then why not just say so? Set standards, formalize guidelines and increase the number of inspections. Don't create an ordinance which specifies a fine or monetary penalty for people who have vacant or unoccupied structures, and then during the reading of the ordinance, tell people that this is not about structures being vacant. Say what you mean, and create an ordinance which meets the goals you're trying to reach.
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mernie
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07-08-09 5:54 PM
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So, let me get this straight. If you own a building and it is vacant, but well kept, you will not be affected by this ordinance? If you have a nice, empty building that could be used for commercial business, is it a given that the chamber of commerce and the city would work with you to find tenants? I mean, really work with you, know who you are and actually contact you? That would be nice.
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LordDunmore
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07-08-09 4:53 PM
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Budman, there is no such thing as a bad beer, bud is not my choice. Some beers are better than others. This debate is not a class thing. It is a government control issue. If you think, in your poor state of occupancy in this city, that punishing persons who own a share, will help you get by in your "get them" state of mind, you are terriblely wrong. We must do what we can keep this city alive. Only incentive programs are acceptable. Get off the punish the persons who don't comply. We need positive incentive and we as a city will florish. Poor people do not create jobs, they get jobs.
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Rockledge
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07-08-09 10:59 AM
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Uh, tmoore, I hate to break this to ya, but a TP tax would discriminate against a minority: the 51% of the population who uses 80% of the TP.
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Thebudman
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07-08-09 9:42 AM
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wwbarron- you obviously are one of the "richest of the rich". That is, during the campaign Obie said "Only the richest of the rich will be affected". So be happy that the government is now "redistributing" your EARNED income to illegal aliens and non-taxpaying Americans(the less fortunate or those who failed to grab lifes brass ring). Yes, while running he said, "some will to have carry more of the burden so America can proper" and "we all will have skin in the game". This means raising taxes on productive people and less free services for those who don't produce. So, keep up the good work and keep pumping more taxes into the system. Thanks ww, you are a great American.
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tmoore
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07-08-09 9:35 AM
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Get em all with a new toilet paper tax!!!!!!!!!!
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LordDunmore
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07-08-09 8:09 AM
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So let me get this straight. The master brains of Wheeling want to save the expense of tracking the cars of Wheeling citizens by simplifiing the governmental bureaucracy and just raising the fire tax on all citizens. It is unavoidable that the poorest and least able to pay will see the increase and the richest amonst us who have two, three and four cars will unavoidably experience a decrease. It is for the goal of "smaller, smarter city government". Brilliant! At the same meeting these masters of the slight of hand want to create a entire new bureaucracy to track, register, monitor and bill property owners who refuse to rent to crackheads and want to own property in this pitiful city because a better day is coming. Yes, it will be unavoidable that some good people will be dragged into court to fight the new bureaucracy taxes, but don't worry, the money we save on fire service car tracking will go to the hiring of addition city lawyers to run every last one of us out of th
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EllisWyatt
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07-08-09 7:18 AM
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Barron Nothing is "free". You might "only" pay 45% in a socialist country but your health care is rationed and you pay $8 per gallon for gas. You would also live in a smaller house. The "poor" in the US live better than the middle class in Europe. In fact, they are better off than 18th century European royalty!
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EllisWyatt
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07-08-09 7:16 AM
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If the number of buildings remains constant and the population continues to decline by 1% per year, it is a mathematical certainty that some of the buildings will be unoccupied. This number will continue to increase as the population drops. Why would you fine property owners for something that politicians are responsible for? They have not passed tort, tax or regulatory reform. They have not made WV a Right to Work state. Therefore, no sane employer will ever bring good paying jobs to the state. Thus, Wheeling will slowly die. As population moves out, there will be fewer and fewer people to pay the bills. At some point, service cuts or tax increases are the only options. Both choices will encourage an exodus out of town. Typical politicians-create a problem and punish people who suffer as a result of the problem they created.
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