Committee Substitute House Bill 2723 History

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H. B. 2723

(By Delegates Morgan, Martin, Argento, Beach,

Caputo, Eldridge, Andes and C. Miller)

(Originating in the House Committee on the Judiciary)

[March 27, 2009]

A BILL to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to file liens for delinquent service fees; requiring municipal ordinances to have assessment and collection procedures for the service fees; requiring administrative procedures by municipalities for imposition of liens; and requiring the right to appeal to circuit court.

Be it enacted by the Legislature of West Virginia:
That §8-13-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§8-13-13. Special charges for municipal services.
(a) Notwithstanding any charter provisions to the contrary, every a municipality which furnishes any essential or special municipal service, including, but not limited to, police and fire protection, parking facilities on the streets or otherwise, parks and recreational facilities, street cleaning, street lighting, street maintenance and improvement, sewerage and sewage disposal, and the collection and disposal of garbage, refuse, waste, ashes, trash and any other similar matter, shall have has plenary power and authority to provide by ordinance for the installation, continuance, maintenance or improvement of such the service, to make reasonable regulations with respect thereto of the service, and to impose by ordinance upon the users of such the service reasonable rates, fees and charges to be collected in the manner specified in the ordinance.
(b) Provided, That Any sewerage and sewage disposal service and any service incident to the collection and disposal of garbage, refuse, waste, ashes, trash and any other similar matter shall be is subject to the provisions of chapter twenty-four of this code.
(c) The A municipality shall not however, have a lien on any property as security for payments due under such subsection (a) of this section ordinance except as provided in subsection (d) of this section.
A municipality has authority to enact an ordinance permitting it to file a lien pursuant to this section for unpaid fire, police or street fees
on real property located within the municipal corporate limits as to which such fees are delinquent. The ordinance must provide an administrative procedure for the municipality's assessment and collection of the fees. The administrative procedure must require that, before any lien is filed, the municipality will give notice to the property owner, by certified mail, return receipt requested, that the municipality will file the lien unless the delinquency is paid by a date stated in the notice, which must be no less than ninety days from the date the notice is mailed . The administrative procedure must include the right to appeal to the circuit court of the county in which the real property is located. The circuit court shall consider the appeal under its general authority, including but not limited to subsection (f), section two, article two of chapter fifty-one of this code.
(e) Notwithstanding the provisions of section four, article eleven of this chapter, any ordinance enacted or substantially amended under the provisions of this section shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. and The publication area for such the publication shall be such is the
(f) In the event thirty percent of the qualified voters of the municipality, by petition duly signed by them in their own handwriting and filed with the recorder of the municipality within fifteen forty-five
days after the expiration of such the publication, protest against such the ordinance as enacted or amended, the ordinance shall not become effective until it shall be is ratified by a majority of the legal votes cast thereon by the qualified voters of such the municipality at a regular municipal election or special municipal election, as the governing body shall direct directs. Voting thereon shall not take place until after notice of such the submission shall have been is given by publication as above provided in subsection (d) of this section, for the publication of the ordinance after it is adopted or substantially amended.
(g) The powers and authority hereby granted to municipalities and to the governing bodies thereof of municipalities in this section are in addition and supplemental to the powers and authority named in any charters thereof of the municipalities.
(h) Notwithstanding any other provisions of this section, in the event if rates, fees and charges herein provided for shall be in this section are imposed by the governing body of any a municipality for the purpose of replacing, and in amounts approximately sufficient to replace in its general fund such amounts as shall be appropriated to be paid out of from ad valorem taxes upon property within the municipality, pursuant to an election duly called and held under the Constitution and laws of the state to authorize the issuance and sale of the municipality's general obligation bonds of the municipality for public improvement purposes, in the call for which the election it shall be stated state that the governing body of the municipality proposes to impose rates, fees and charges in specified amounts under this section for the use of one or more of the services above specified in subsection (a) of this section, which shall be related to the public improvement proposed to be made with the proceeds of the bonds, no notice, publication of notice, or referendum or election or other condition or prerequisite to the imposition of such the rates, fees and charges shall be required or necessary other than the legal requirements for issuance and sale of such the general obligation bonds.
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