H. B. 2452
(By Delegates Williams (By Request), and Shaver)
[Introduced January 20, 2003; referred to the
Committee on Political Subdivisions then 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 notice to connect
to municipal sewer systems.
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. 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: Provided, That
notice to the abutting owner and the lessee or occupant of a lot or
parcel located outside the municipal boundary is not effective
unless the municipality appoints an advisory committee of five
adults, two of whom are residents of the municipality and three of
whom are residents of areas outside the municipal boundary and the
advisory committee, after reviewing the matter, either recommends
that the notice be sent or that notice not be sent. The
municipality is not bound by the recommendation of the advisory
committee and may send notice as provided herein to the abutting
owner and the lessee or occupant of a lot or parcel located outside
the municipal boundary even if the advisory committee recommends
against sending it. Upon receipt of the notice, the abutting
owner, lessee or occupant is
bound by all of the provisions of this
section. 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 when the lot or parcel of land is
within the municipality, or, where no police court or municipal
court exists, in the mayor thereof: Provided, however, That if
said lot or parcel is located outside of the municipality, then
jurisdiction shall be vested in the circuit court of the county
wherein the lot or parcel is situated.
NOTE: The purpose of this bill is to provide a system for
giving notice to property owners, lessees or occupants of property
abutting a municipal sewer line when the property is located
outside the municipal boundary.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.