Senate Bill No. 444
(Senators Snyder, Minear, Kessler, Love, Buckalew,
Schoonover and Macnaughtan, original sponsors)
[Passed March 13, 1998; in effect ninety days from passage.]
AN ACT 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 on which a municipal
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: Provided, That a municipality
may not require any such landowner to connect to the municipal
sewer system where the landowner has, within five years before the
construction of the system, installed a functional septic or other
waste disposal system meeting the approval of the board of health.
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.