H.
B.
2573
(By Delegate Fragale)
[Introduced March 12, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact section three-ff, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections thirteen and sixteen, article twelve, chapter eight of said code, all relating to counties and municipalities; building regulations; ordinances regulating the repairs, closing, demolition, etc., of dwellings or buildings unfit for human habitation; authorizing counties and municipalities to institute civil actions to collect costs of demolition or other costs; and creating a lien on real estate.
Be it enacted by the Legislature of West Virginia:
That section three-ff, article one, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections thirteen and sixteen, article twelve, chapter eight of said code be amended and reenacted, all to read as follows:
CHAPTER 7. TRAINING PROGRAMS FOR COUNTY EMPLOYEES, ETC.;
COMPENSATION OF ELECTED COUNTY OFFICIALS; COUNTY ASSISTANTS,
DEPUTIES AND EMPLOYEES, THEIR NUMBER AND COMPENSATION.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§
7-1-3ff. Duty to require clearance of refuse and debris from
private lands; notice of demand thereof; procedure
to contest demand.
In addition to all other powers and duties conferred by law upon county commissions, as set forth in this article, and county health officers, as set forth in section two, article two, chapter sixteen of this code, such county commissions and health officers are hereby authorized and obliged to require clearance of any refuse or debris consisting of remnants or remains of any unused or unoccupied dwelling, nonfarm building, structure or manmade appurtenance on all private lands within their respective scopes of authority by the owners thereof that has accumulated as the result of any natural or manmade force or effect which presents a safety or health hazard or which has deteriorated to such a degree as to be unsightly, visually offensive and be depressive of the value of the adjacent properties or uses of such the properties.
Upon a determination by a county commission or county health officer that substantial accumulations of refuse or the presence of debris, as described above, exist on any such private lands, notice shall be forwarded to the owner thereof informing the landowner of the following:
(a) Of the commission's or health officer's demand to remove all refuse and debris within ninety days of the receipt of such the notice unless an extension be granted by said commission or health officer;
(b) Of the landowner's right to contest such the demand and of the proper procedure in which to do so;
(c) That if the landowner fails to both properly contest and comply with the commission's or health officer's demand, that removal will be achieved otherwise and that the reasonable costs incurred thereto will become a civil debt owed by the landowner to the county;
(d) That if the county incurs costs of removal and the landowner fails to pay such the costs within two months of such the removal that a judgment lien on the subject property will be filed in the county clerk's office wherein the subject property exists.
The commission or health officer shall send notice as described herein by certified mail. If, for any reason, such the certified mail is returned without evidence of proper receipt thereof, then in such event a Class III-0 legal advertisement shall be published in a newspaper of general circulation in the county wherein such the land is situated, in order to render proper notice in accordance with this section:
Provided,
That if the commission or health officer determines, after notice and inquiry as provided herein, that such the refuse or debris was created by someone other than the present landowner, without such the landowner's expressed or implied permission, the commission or health officer shall remove any such of the refuse or debris and shall apply to and be eligible to receive from the solid waste reclamation and environmental response fund created under section five-a, article five-f, chapter twenty of this code for reimbursement for all reasonable costs incurred for such the removal.
In the event any landowner desires to contest any demand brought forth pursuant to this section, the landowner shall do so in accordance with article three, chapter fifty-eight of this code.
The county commission of every county shall have plenary power and authority by ordinance to require the property owner or owners of any dwelling or building, ordered by the county commission or health officer to be demolished pursuant to this section, to pay for the costs of vacating and closing or removal or demolition or any combination thereof.
This power and authority shall include the right to institute a civil action in a court of competent jurisdiction against any property owner or owners or responsible parties for the costs incurred by the county, including attorney fees and court costs.
In addition, said costs shall be a lien against all the real property titled in the name of the owner or owners of the real property upon which the costs were incurred.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES.
§
8
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12
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13. Building regulation; general and special codes; state
building code.
(a) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to:
(1) Regulate the erection, construction, repair or alteration of structures of every kind within the corporate limits of the municipality, prohibit, within specified territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material, and regulate excavations upon private property;
(2) Regulate electric wiring by prescribing minimum specifications to be followed in the installation, alteration or repair thereof; and
(3) Regulate plumbing by prescribing the minimum specifications to be followed in the installation, alteration or repair of plumbing, including equipment, water and sewer pipe, traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a), all existing municipal building codes are void one year after the promulgation of a state building code by the state fire commission as provided in chapter twenty-nine, article three, section five-b of this code.
Upon the voidance of the municipality's existing building code, if the municipality votes to adopt a building code, it must be the state building code promulgated pursuant to chapter twenty-nine, article three, section five-b of this code.
(c) The governing body of every municipality shall have plenary power and authority by ordinance or a code of ordinances to adopt such the state building code promulgated by the state fire commission.
(d) The governing body of every municipality shall have plenary power and authority by ordinance to require the property owner or owners of any dwelling or building, ordered by the municipality or its enforcement agency to be demolished pursuant to subsection (a) of this section or section sixteen of this article, to pay for the costs of vacating and closing or removal or demolition or any combination thereof.
The power and authority shall include the right to institute a civil action in a court of competent jurisdiction against any property owner or owners or responsible parties for costs incurred by the municipality, including attorney fees and court costs.
In addition, said costs shall be a lien against all the real property titled in the name of the owner or owners of the real property upon which the costs were incurred.
§
8
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12
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16. Ordinances regulating the repair, closing, demolition,
etc., of dwellings or buildings unfit for human
habitation; procedures.
Plenary power and authority are hereby conferred upon every municipality to adopt ordinances regulating the repair, alteration or improvement, or the vacating and closing or removal or demolition, or any combination thereof, of any dwellings or other buildings unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or any other conditions prevailing in any dwelling or building, whether used for human habitation or not, which would cause such the dwellings or other buildings to be unsafe, unsanitary, dangerous or detrimental to the public welfare.
The governing body in formally adopting such 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 such the enforcement agency.
Any ordinance adopted pursuant to the provisions of this section shall provide fair and equitable rules of procedure and any other standards deemed necessary to guide the enforcement agency, or its agents, in the investigation of dwelling or building conditions, and in conducting hearings:
Provided,
That any entrance upon premises for the purpose of making examinations shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
Any ordinance adopted pursuant to the provisions of this section shall provide for the assessment of the costs of such the repairs, alterations or improvements, or such the vacating and closing or removal or demolition, or any combination thereof, by order of the enforcement agency, and said costs, after the sale of any and all salvaged material is credited to the account, shall be a lien against the real property upon which such the costs were incurred.
In addition, there shall be a lien against all the real property titled in the name of the owner or owners of the real property upon which the costs were incurred. The municipality shall have the option to adopt an ordinance authorizing the filing of a civil action in the circuit court and obtain a judgment for all of the costs incurred including reasonable attorney fees and execute on said judgment against the owner, owners or other responsible parties or against those who were the owners of the property where the building was demolished or who were the parties named by the municipality or the enforcement agency in any complaint or order as being responsible for the said property.
All complaints or 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,
such that the application is made, a hearing thereon shall be had within twenty days, or as soon thereafter as possible, and the court shall enter such the final order or decree as the law and justice may require. Costs shall be imposed in such a manner as in the discretion of the court shall seem deem meet just and proper.
NOTE: The purpose of this bill authorizes counties and municipalities to institute civil actions against persons who have been assessed costs of the demolition of structures on the land by the county or municipality. The civil action permits recovery of all costs and attorney fees. This bill also permits a lien against all real estate owned by such persons.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.