H.B. 2593
(By Delegates Beane, Ennis, Perdue, Frich, Trump and Walters)
[Originating in the Committee on Government Organization]
[February 15, 2005]
A BILL to repeal §8-24-86 and §8-24-87 of the code of West
Virginia, 1931, as amended; and to amend and reenact §8A-8-
11 of said code, relating to land use planning; making
technical corrections by repealing superceded sections; and
removing requirement of Board of Zoning Appeals to pay
attorneys' fees on certain appeals.
Be it enacted by the Legislature of West Virginia:
That §8-24-86 and §8-24-87 of the code of West Virginia,
1931, as amended, be repealed; and that §8A-8-11 of said code be
amended and reenacted to read as follows:
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-11. Notice and hearing of appeal.
(a) Within ten days of receipt of the appeal by the Board of
Zoning Appeals, the Board shall set a time for the hearing of
the appeal and give notice. The hearing on the appeal must be
held within forty-five days of receipt of the appeal by the Board.
(b) At least fifteen days prior to the date set for the
hearing on the appeal, the Board of Zoning Appeals shall publish
a notice of the date, time and place of the hearing on the appeal
as a Class I legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
written notice shall be given to the interested parties. The
publication area shall be the area covered in the appeal.
(c) The Board of Zoning Appeals may require the party taking
the appeal to pay for the cost of public notice and written
notice to interested parties.
(d) At the hearing, any party may appear in person, by agent
or by an attorney licensed to practice in this state.
(e) Every decision by the Board must be in writing and
state findings of fact and conclusions of law on which the Board
based its decision. If the Board fails to provide findings of
fact and conclusions of law adequate for decision by the circuit
court, and as a result of the failure, the circuit court returns
an appealed matter to the Board and dismisses jurisdiction over
an applicant's appeal without deciding the matter, whether the
court returns the matter with or without restrictions, the Board
shall pay any additional costs for court filing fees, and service
of process and reasonable attorneys' fees, including costs and
fees for additional hearings before the Board, required to permit
the person appealing the Board's decision applicant to conclude the matter at the Board level, or to return the matter to the
circuit court
for completion of the appeal , or both if
applicable. The court shall approve the amount of costs and fees
to be paid by the Board: Provided, That the amount of attorneys'
fees to be paid by the Board may not exceed two thousand five
hundred dollars.
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