ENGROSSED
Senate Bill No. 90
(By Senators Macnaughtan, Anderson, Holliday and Minard)
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[Originating in the Committee on the Judiciary;
reported January 21, 1994.]
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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, relating to county
commissions; duty to require clearance of refuse and debris
from private lands; notice of demand thereof; and procedure
to contest demand.
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 to read as follows:
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, county
health officers, as set forth in section two, article two,chapter sixteen of this code, and state fire marshals as set
forth in section twelve, article three, chapter twenty-nine of
this code, such 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, cement foundation, piping, basements, intact
chimneys, 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 fire, force or effect which presents a safety
or health hazard, including the removal of toxic or contaminant
spillage and seepage 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 properties:
Provided, That upon request from a landowner and a written
determination and approval from the state fire marshal, where
appropriate, a landowner may fill the remains of a basement to
ground level with inert fill material in lieu of complete removal
of such cement foundation, piping and basement.
Upon a determination by any state fire marshal that
substantial accumulations of refuse, debris or destroyed
structures or appurtenances, as described above, exist on the
property as a result of a natural or manmade fire, notice shall
be given by the fire marshal and forwarded to the owner
immediately informing the landowner of the requirements of this
article to effect repair, removal, closure or demolition of the
fire damaged property within ninety days of the receipt of suchnotice.
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
notice unless an extension be granted by said commission or
health officer;
(b) Of the landowner's right to contest such 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 costs within two months of such
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
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 thecounty wherein such 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 refuse or debris was created by
someone other than the present landowner, without such
landowner's expressed or implied permission, the commission or
health officer shall remove any such 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 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.