§7-17-12. County fire service fees; petition; election;
dedication; and increase.
Every county commission which provides fire protection
services has plenary power and authority to provide by ordinance
for the continuance or improvement of such service, to make
regulations with respect thereto and to impose by ordinance, upon
the users of such services, reasonable fire service rates, fees and
charges to be collected in the manner specified in the ordinance.
However, before a county commission can impose by ordinance, upon
the users of such service, a reasonable fire service fee, ten
percent of the qualified voters shall present a petition duly
signed by them in their own handwriting, and filed with the clerk
of the county commission directing that the county commission
impose such a fee. The county commission shall not have a lien on
any property as security for payments due under the ordinance. Any
ordinance enacted under the provisions of this section shall be
published as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be the county in
which the county fire board is located. In the event thirty
percent of the qualified voters of the county by petition duly
signed by them in their own handwriting and filed with the clerk of
the county commission within forty-five days after the expiration
of such publication protest against such ordinance as enacted or
amended, the ordinance may not become effective until it is ratified by a majority of the legal votes cast thereon by the
qualified voters of such county at any primary, general or special
election as the county commission directs. Voting thereon may not
take place until after notice of the submission has been given by
publication as above provided for the publication of the ordinance
after it is adopted. The powers and authority hereby granted to
county commissions are in addition to and supplemental to the
powers and authority otherwise granted to them by other provisions
of this code.
Any fees imposed under this article are dedicated to the
county fire board for the purposes provided in this article.
In the event the county fire board determines an increase in
any such fee imposed by this section is necessary, it shall by
resolution request the county commission for such an increase.
Procedures set forth in this section for the initial levy of such
a fee shall be followed by the county commission in the event an
increase is sought.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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