Introduced Version House Bill 2723 History

OTHER VERSIONS  -  Committee Substitute  |  Enrolled Committee Substitute  |     |  Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2723

(By Delegates Morgan, Martin, Argento, Beach,

Caputo, Eldridge, Andes and C. Miller)

[Introduced February 20, 2009; referred to the

Committee on Political Subdivisions then the Judiciary.]

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; and requiring municipal ordinances to have assessment and collection procedures for the service fees.

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 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: 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.
(b) The municipality shall not, however, have may file a lien on any property as security for payments due under such the ordinance authorizing the service set out in this section. The ordinance of the municipality authorizing the service set out in this section shall provide administrative procedures for assessment and collection of the fees at the municipal level with a right of appeal to the circuit court.

(c) 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
(d) 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 days after the expiration of such the publication, protest against such the ordinance as enacted or amended, the ordinance shall does 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. 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 (c) of this section, for the publication of the ordinance after it is adopted or substantially amended.

(e) 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.

(f) Notwithstanding any other provisions of this section, in the event rates, fees and charges herein provided for shall be in this section, are imposed by the governing body of any 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 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 general obligation bonds of the municipality for public improvement purposes, in the call for which the election it shall be stated 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.

NOTE: The purpose of this bill is to authorize municipalities to provide administrative procedures for the assessment and collection of delinquent municipal fees, with the right to appeal to circuit court.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


Print On Demand