H. B. 2514
(By Delegates Marshall and C. White)
[Introduced February 23, 2001
; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend article twelve, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section sixteen-a,
relating to
permitting municipalities to enact ordinances
allowing municipalities to require property owners to maintain
their lawns and yards; permitting entry on premises to inspect
lawns and yards and order weeds and grass to be cut; creating
a lien against the property owner for the costs incurred in
having the weeds and grass cut if the owner does not comply;
and providing other procedures.
Be it enacted by the Legislature of West Virginia:
That article twelve, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen-a, to read as follows:
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND
MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST
MUNICIPALITIES.
§8-12-16a. Ordinances regulating the cutting of weeds and grass,
etc., on private property; procedures.
(a) Plenary power and authority are hereby conferred upon
every municipality to adopt ordinances regulating the cutting of
weeds and grass and the maintenance of lawns and yards, or any
combination thereof, of any residential property or dwellings or
other buildings situate in the municipality, or any other
conditions prevailing in any residential property or dwelling or
building, whether used for human habitation or not, which would
cause that residential property or dwellings or other buildings to
be unsightly, unsafe, unsanitary, dangerous or detrimental to the
public safety or welfare.
(b) The governing body in formally adopting the ordinances
shall designate the enforcement agency, which shall consist of the
mayor, the municipal engineer or building inspector and one member
at large, to be selected by and to serve at the will and pleasure
of the mayor. The ranking health officer and fire chief shall
serve as ex officio members of the enforcement agency.
(c) Any ordinance adopted pursuant to the provisions of this
section shall provide fair and equitable rules of procedure and any
other standards considered necessary to guide the enforcement
agency, or its agents, in the investigation of the condition of the lawns or yards of residential property or dwelling or other
building conditions as they relate to grass and weeds, and in
conducting hearings: Provided, That any entrance upon premises for
the purpose of making examinations of the condition of the lawns
and yards must be made in a manner as to cause the least possible
inconvenience to the persons in possession.
(d) The governing body of every municipality has plenary power
and authority to adopt an ordinance requiring the owner or owners
of any residential property or dwelling or other building, which
has a yard or lawn, under order of the enforcement agency of the
municipality, to pay for the costs of cutting weeds or grass,
altering or improving any lawn or yard of any residential property
or dwelling or other building. Every municipality also has the
right to file a lien against the real property in question for an
amount not to exceed the normal rate for cutting weeds and grass in
that municipality or the community within the municipality in which
the residential property or dwelling or other building is located,
or to institute a civil action in a court of competent jurisdiction
against the landowner or other responsible party for all costs
incurred by the municipality with respect to the cutting of weeds
or grass on the property and for reasonable attorney fees and court
costs incurred in the prosecution of the action.
Not less than ten days prior to instituting a civil action as
provided for in this section, the governing body of the municipality shall send notice to the landowner by certified mail,
return receipt requested, advising the landowner of the governing
body's intention to institute the action. The notice shall be sent
to the most recent address of the landowner of record in the office
of the assessor of the county where the subject property is
located. If, for any reason, the certified mail is returned
without evidence of proper receipt thereof, the governing body
shall cause a Class III-0 legal advertisement to be published in a
newspaper of general circulation in the county wherein the subject
property is located and post notice on the front door or other
conspicuous location on the subject property.
In the event any landowner desires to contest any demand
brought forth pursuant to this section, the landowner may seek
relief in a court of competent jurisdiction.
All orders issued by the enforcement agency shall be served in
accordance with the law of this state concerning the service of
process in civil actions, and shall, in addition thereto, be posted
in a conspicuous place on the premises affected by the complaint or
order: Provided, That no ordinance may be adopted without
providing therein for the right to apply to the circuit court for
a temporary injunction restraining the enforcement agency pending
final disposition of the cause. If application is made, a hearing
thereon shall be had within twenty days, or as soon thereafter as
possible, and the court shall enter a final order or decree as the law and justice may require.
NOTE: The purpose of this bill is to permit municipalities to
enact ordinances allowing the municipality to require property
owners to maintain their lawns and yards. Municipalities may enter
premises to inspect lawns and yards and order weeds and grass to be
cut. If the owner does not comply, the municipality may have the
weeds or grass cut and have a lien against the property owner for
the costs incurred.
This section is new; therefore, strike-throughs and
underscoring have been omitted.