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Introduced Version House Bill 2514 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2514


(By Delegates Marshall and C. White)

[Introduced February 23, 2001 ; referred to the

Committee on Political Subdivisions then the Judiciary.]





A BILL to amend article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section sixteen-a, relating to permitting municipalities to enact ordinances allowing municipalities to require property owners to maintain their lawns and yards; permitting entry on premises to inspect lawns and yards and order weeds and grass to be cut; creating a lien against the property owner for the costs incurred in having the weeds and grass cut if the owner does not comply; and providing other procedures.

Be it enacted by the Legislature of West Virginia:

That article twelve, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section sixteen-a, to read as follows:

ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-16a. Ordinances regulating the cutting of weeds and grass, etc., on private property; procedures.
(a) Plenary power and authority are hereby conferred upon every municipality to adopt ordinances regulating the cutting of weeds and grass and the maintenance of lawns and yards, or any combination thereof, of any residential property or dwellings or other buildings situate in the municipality, or any other conditions prevailing in any residential property or dwelling or building, whether used for human habitation or not, which would cause that residential property or dwellings or other buildings to be unsightly, unsafe, unsanitary, dangerous or detrimental to the public safety or welfare.
(b) The governing body in formally adopting the ordinances shall designate the enforcement agency, which shall consist of the mayor, the municipal engineer or building inspector and one member at large, to be selected by and to serve at the will and pleasure of the mayor. The ranking health officer and fire chief shall serve as ex officio members of the enforcement agency.
(c) Any ordinance adopted pursuant to the provisions of this section shall provide fair and equitable rules of procedure and any other standards considered necessary to guide the enforcement agency, or its agents, in the investigation of the condition of the lawns or yards of residential property or dwelling or other building conditions as they relate to grass and weeds, and in conducting hearings: Provided, That any entrance upon premises for the purpose of making examinations of the condition of the lawns and yards must be made in a manner as to cause the least possible inconvenience to the persons in possession.
(d) The governing body of every municipality has plenary power and authority to adopt an ordinance requiring the owner or owners of any residential property or dwelling or other building, which has a yard or lawn, under order of the enforcement agency of the municipality, to pay for the costs of cutting weeds or grass, altering or improving any lawn or yard of any residential property or dwelling or other building. Every municipality also has the right to file a lien against the real property in question for an amount not to exceed the normal rate for cutting weeds and grass in that municipality or the community within the municipality in which the residential property or dwelling or other building is located, or to institute a civil action in a court of competent jurisdiction against the landowner or other responsible party for all costs incurred by the municipality with respect to the cutting of weeds or grass on the property and for reasonable attorney fees and court costs incurred in the prosecution of the action.
Not less than ten days prior to instituting a civil action as provided for in this section, the governing body of the municipality shall send notice to the landowner by certified mail, return receipt requested, advising the landowner of the governing body's intention to institute the action. The notice shall be sent to the most recent address of the landowner of record in the office of the assessor of the county where the subject property is located. If, for any reason, the certified mail is returned without evidence of proper receipt thereof, the governing body shall cause a Class III-0 legal advertisement to be published in a newspaper of general circulation in the county wherein the subject property is located and post notice on the front door or other conspicuous location on the subject property.
In the event any landowner desires to contest any demand brought forth pursuant to this section, the landowner may seek relief in a court of competent jurisdiction.
All orders issued by the enforcement agency shall be served in accordance with the law of this state concerning the service of process in civil actions, and shall, in addition thereto, be posted in a conspicuous place on the premises affected by the complaint or order: Provided, That no ordinance may be adopted without providing therein for the right to apply to the circuit court for a temporary injunction restraining the enforcement agency pending final disposition of the cause. If application is made, a hearing thereon shall be had within twenty days, or as soon thereafter as possible, and the court shall enter a final order or decree as the law and justice may require.


NOTE: The purpose of this bill is to permit municipalities to enact ordinances allowing the municipality to require property owners to maintain their lawns and yards. Municipalities may enter premises to inspect lawns and yards and order weeds and grass to be cut. If the owner does not comply, the municipality may have the weeds or grass cut and have a lien against the property owner for the costs incurred.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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