Senate Bill No. 444
(By Senators Snyder, Minear, Kessler, Love, Buckalew,
Schoonover and Macnaughtan)
[Introduced February 10, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section twenty-two, article eighteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to municipal
authority; and authority to compel sewer connections outside
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article eighteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND
SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF DUTY TO PAY FOR SERVICE.
PART XII. CONNECTION TO SEWERS; BOARD OF HEALTH;
ENFORCEMENT OF DUTY TO PAY FOR SERVICE.
§8-18-22. Connection to sewers; board of health; penalty.
The owner or owners of any lot or parcel of land abutting on
any street, alley, public way or easement
in any municipality on
which a public sewer is now located or may hereafter be
constructed and laid (whether constructed and laid under the
provisions of this article or any other provisions of law) upon
which lot or parcel of land any business or residence building is
now located or may hereafter be erected, not connected with a
public sewer, may be required and compelled by the municipality
or by the board of health to connect any such building with such
sewer. Notice so to connect shall be given by the municipality
or by the board of health to the owner and to the lessee or
occupant of such building. Each day's failure to comply with
such notice and connect with such sewer by such owner or owners,
after thirty days from the receipt of such notice, shall be a
misdemeanor and a separate and new offense under this section,
and each such offense shall be punishable by a fine of not less
than five nor more than twenty-five dollars. Jurisdiction to
hear, try, determine and sentence for any violation of this
section is hereby vested in the police or municipal court
thereof, or, where no police court exists, in the mayor thereof.
NOTE: The purpose of this bill is to empower municipalities
to compel connections to sewer service for businesses or
residences located outside corporate limits.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.