ENROLLED

H. B. 4362


(By Delegates Phillips, P. White, Vest and Paxton)


[Passed March 11, 1994; in effect from passage.]


AN ACT to authorize the Rock Branch Industrial Park to maintain an industrial maintenance association in Putnam County.
Be it enacted by the Legislature of West Virginia:

MAINTENANCE ASSOCIATIONS.
 § 1. Definitions.
In this bill unless a different meaning plainly is required:
(1) "Industrial maintenance association member" means any person, corporation or other business entity that owns property that fronts on either side of a road in an industrial park or area where industry occupies at least sixty percent of land fronting the road under consideration for designation.
(2) "Maintenance association" means an association established pursuant to the requirements of this bill.
(3) "Maintenance association documents" means documents approved by the county commission as meeting the requirements of this bill and filed with the clerk of the county commission.
§ 2. Purpose of the maintenance association.

A maintenance association may be established in Putnam County at the Rock Branch Industrial Park to protect the health, safety and welfare of persons, businesses and the general public located within the Rock Branch Industrial Park. The maintenance association shall be created with the objective of establishing and maintaining improvements for the Rock Branch Industrial Park, which may include constructing and maintaining shared streets, drainage facilities, sidewalks, water and sewer systems, signs and other improvements necessary for the protection of health, safety and welfare of persons, businesses and the general public.

§ 3. Petition to establish maintenance association.

(a) A petition in writing may be made to the county commission, that duly verifies that property owners owning jointly at least sixty percent of the frontage of the lots on both sides of the Rock Bridge Industrial Park in any unincorporated area requesting the approval of the formation of a maintenance association. The petition shall be accompanied by the proposed maintenance association's recordable documents that establish the association.

(b) Upon the filing of such petition and the proposed maintenance association documents, the county commission shall fix a time and place for hearing protests and shall require the petitioners to post notice of such hearing in at least two conspicuous places on the industrial subdivision road of the area affected, and to give notice thereof by publication of such notice as a Class I legal advertisement in compliance with the provisions of article three, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one. The publication area for such publication shall be in Putnam County. The hearing shall be held not less than ten nor more than thirty days after the filing of such petition.
(c) At the time and place set for hearing protests, the county commission may examine witnesses and consider other evidence to show that:
(1) Said petition was filed in good faith;
(2) The signatures on the petition are genuine;
(3) The maintenance association document addresses the maintenance association purpose; and
(4) The proposed maintenance association will result in special benefits to all owners of property abutting on said industrial subdivision road.
The commission shall within ten days thereafter enter a formal order stating its decision.
(d) Any owner of property abutting upon said industrial subdivision road aggrieved by such order shall have the right to review the order on the record made before the county commission by filing a petition with the clerk of the circuit court within ten days after the entry of such order. The owner shall give bond in an amount to be fixed by the circuit court sufficient to pay costs or expenses incurred by the court and the maintenance association upon appeal if the order of the county commission is affirmed. The circuit court shall proceed to review the matter as in other appeals from the county commission.
§ 4. Assessment and collection of fees; notice.

(a) A maintenance association which furnishes essential services, including, but not limited to, construction and maintenance of shared streets, drainage facilities, sidewalks, water and sewer systems, signs and other improvements necessary for the health, safety and welfare of persons, businesses and the general public, may impose reasonable fees and charges on persons owning lots abutting the frontage of both sides of roads listed in the maintenance association document.

(b) Any new fee or fee increase assessed under this section shall not be collectable unless notice of the proposed fee or increase is sent by certified mail to each person owning property listed in the maintenance association document. If thirty percent of the members, by signed petition, protest the assessment to the association within fifteen days of the mailing, the fee shall not become effective until it is ratified by sixty percent of the members.
(c) All fees assessed under this section are declared to be debts owing to the maintenance association for which the debtor shall be personally liable. The maintenance association, or an individual designated to act for it, may enforce this liability by appropriate civil action in a court of competent jurisdiction. After being reduced to judgment and filed with the clerk of the county commission, such liability shall be a lien on property owned by the maintenance association member and designated in the maintenance association document.