H. B. 4325
(By Mr. Speaker, Mr. Kiss, and
Delegates Manuel and Doyle)
[Introduced February 10, 1998; referred to the
Committee on Political Subdivisions then the
Judiciary.]
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 the
authority of county commissions to adopt ordinances
regulating the repair, alteration or improvement, or the
vacating and closing or removal or demolition of any
dwellings, other buildings, structures or appurtenances
thereto located on private lands 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 such dwellings, buildings, structures or appurtenances
thereto, including toxic spillage or seepage; authority
to enforce these ordinances; procedure for hearing
complaints; right of appeal to circuit court; right of
county commission to contract for demolition, removal, repairs or cleanup; and authorizing a lien against land for
these services.
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. Clearance of refuse and debris from private lands; demolition of buildings and recovery of costs incurred; notice of demand thereof; procedure to contest demand.
(a)Plenary power and authority are hereby conferred upon
every county commission 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 dwellings or other buildings to be unsafe, unsanitary,
dangerous or detrimental to the public safety or welfare, whether
the result of natural or manmade force or effect.
(b)Plenary power and authority are hereby conferred upon every county commission to adopt ordinances regulating the
removal and clean up of any accumulation of refuse or debris, or
toxic spillage or toxic seepage located on private lands which is
deemed to be unsafe, unsanitary, dangerous or detrimental to the
public safety or welfare whether the result of natural or manmade
force or effect.
(c)The county commission in formally adopting such
ordinances shall designate an enforcement agency, which shall
consist of the county engineer (or other technically qualified
county employee or consulting engineer), county health officer,
a fire chief from a county fire company, and two members at large
selected by the county commission to serve two-year terms. The
county sheriff shall serve as an ex officio member of such
enforcement agency.
(d)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, accumulation of refuse or debris, or toxic
spillage or toxic seepage, and shall provide for fair and
equitable rules of procedure for instituting and conducting
hearings in such matters before the county commission. Any
entrance upon premises for the purpose of making examinations
shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
(e)Any county commission adopting ordinances authorized by
this section shall hear and determine complaints of the
enforcement agency. Complaints shall be initiated by petition of
the county engineer (or other technically qualified county
employee or consulting engineer) on behalf of and at the
direction of the enforcement agency, but only after that agency
has investigated and determined that any dwelling, building,
accumulation of refuse or debris, or toxic spillage or toxic
seepage is unsafe, unsanitary, dangerous or detrimental to the
public safety or welfare and should be repaired, altered,
improved, vacated, removed, closed, cleaned or demolished. In
that regard the county commission shall cause the owner or owners
of the private land in question to be served with a copy of the
petition of the enforcement agency and an order setting this
matter down for hearing before the county commission. Service
shall be accomplished in the manner provided in rule 4 of the
West Virginia rules of civil procedure. Hearings shall be
recorded by electronic device or by court reporter. The West
Virginia rules of evidence do not apply to such proceedings, but
each party has the right to present evidence and examine and
cross examine all witnesses. The enforcement agency has the
burden of proving its allegation by a preponderance of the
evidence and has the duty to go forward with the evidence. At the conclusion of the hearing the county commission shall make
findings of fact, determinations and conclusions of law as to
whether the dwelling or building: Is unfit for human habitation
due to dilapidation; has defects that increase the hazard of
fire, accidents or other calamities, lacks ventilation, light or
sanitary facilities; or any other conditions prevailing in the
dwelling or building, whether used for human habitation or not,
and whether the result of natural or manmade force or effect,
which would cause such dwelling or other building to be unsafe,
unsanitary, dangerous or detrimental to the public safety or
welfare; or whether there is an accumulation of refuse or debris;
toxic spillage or toxic seepage on private lands which is deemed
to be unsafe, unsanitary, dangerous or detrimental to the public
safety or welfare, whether the result of natural or manmade force
or effect. The county commission has authority to order the
owner or owners thereof to repair, alter, improve, vacate,
remove, close, clean up or demolish the dwelling or building in
question or to remove or clean up any accumulation of refuse or
debris, toxic spillage or toxic seepage within a reasonable time
and to impose daily civil monetary penalties on the owner or
owners who fail to obey such an order. Appeals from the county
commission to the circuit court shall be in accordance with the
provisions of article three, chapter fifty-eight of this code.
(f) Upon the failure of the owner or owners of the private land to perform the ordered duties and obligations as set forth
in the order of the county commission, the county commission may
advertise for and seek contractors to make the ordered repairs,
alterations or improvements, or the ordered demolition, removal
or clean up. The county commission may enter into any contract
with any such contractor to accomplish the ordered repairs,
alterations or improvements, or the ordered demolition, removal
or clean up.
(g) A civil proceeding may be brought in circuit court by
the county commission against the owner or owners of the private
land which is the subject matter of the order of the county
commission to subject the private land in question to a lien for
the amount of the contractor's costs in making these ordered
repairs, alterations or improvements, or ordered demolition,
removal or clean up together with any daily civil monetary
penalty imposed and reasonable attorney fees and court costs and
to order and decree the sale of the private land in question to
satisfy the lien, and to order and decree that the contractor may
enter upon the private land in question at any and all times
necessary to make improvements, or ordered repairs, alterations
or improvements, or ordered demolition, removal or clean up.
(h) County commissions have the power and authority to
receive and accept grants, subsidies, donations and services in
kind consistent with the objectives of this section.
NOTE: This bill provides authority to county commissions to
adopt ordinances; regulate the repair, alteration or improvement,
or the vacating and closing or removal or demolition, or any
combination thereof, of any dwellings, other buildings,
structures or appurtenances thereto located on private lands
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 such dwellings, buildings,
structures, or appurtenances thereto whether used for human
habitation or not, which would cause such dwellings, other
buildings, structures or appurtenances thereto to be unsafe,
unsanitary, dangerous or detrimental to the public safety or
welfare, whether the result of natural or manmade force or
effect. It regulates the removal and clean up of any
accumulation of refuse or debris, or toxic spillage or toxic
seepage located on private lands which is deemed to be unsafe,
unsanitary, dangerous or detrimental to the public safety or
welfare whether the result of natural or manmade force or effect.
It creates an enforcement agency and provides for county
commissions to adopt rules of procedures and other standards
necessary to guide the enforcement agency or its agents in the
conduct of investigations and to adopt rules of procedure for
determination hearings to be conducted before the county
commissions. It provides for the county commissions to make
determinations requiring the owner or owners of any such
dwellings, other buildings, structures or appurtenances thereto
to repair, alter, improve, vacate, close, remove or demolish any
such dwellings, other buildings, structures or appurtenances
thereto which are deemed by the county commission to be unsafe,
unsanitary, dangerous or detrimental to the public safety or
welfare whether the result of natural or manmade force or effect.
It provides for the county commissions to make determinations
requiring the removal and clean-up of any accumulation of refuse
or debris or toxic spillage or toxic seepage located on private
lands which is deemed by the county commission to be unsafe,
unsanitary, dangerous and detrimental to the public safety or
welfare whether the result of natural or manmade force or effect;
and requiring the owner or owners of any such dwellings, other
buildings, structures, or appurtenances thereto located on
private lands, that has been determined to be unsafe, unsanitary,
dangerous or detrimental to the public safety or welfare to make
all repairs, alterations or improvements determined and ordered
by the county commission. It requires the owner or owners of any such dwellings, other buildings, structures or appurtenances
thereto located on private lands that have been closed or vacated
to remove or demolish any such dwellings, other buildings,
structures or appurtenances thereto determined and ordered by the
county commission within a reasonable period of time. It
requires the owner or owners of private lands to remove and clean
up any accumulation of refuse or debris or toxic spillage or
toxic seepage that has been determined to be unsafe, unsanitary,
dangerous or detrimental to the public safety or welfare by the
county commission within a reasonable period of time. It provides
for the county commission to adopt a schedule of daily civil
monetary penalties that may be imposed upon any owner who fails
to comply with the determinations and order of the county
commission. It provides for a right of appeal of the
determinations and order of the county commission to the circuit
court. It provides for the county commission to contract for the
ordered repairs, alterations, improvements, or the ordered
demolition, removal or clean up where the owners refuse to comply
with order of the county commission. It provides for a civil
proceeding to impose a lien for the amount of the contractor's
costs in making the ordered repairs, alterations, improvements,
demolition, removal or clean up, together with any daily civil
monetary penalty imposed and reasonable attorney fees and court
costs, and authorizes an order and decree of sale of the private
lands in question to satisfy the lien. And, it permits the entry
of the designated contractor on the private lands in question to
satisfy the lien and to permit the entry of the designated
contractor on the private lands to make the ordered repairs,
alterations or improvements, demolition, removal or cleanup.
Section 3ff has been completely rewritten; therefore,
strike-throughs and underscoring have been omitted.