(a) An assessment for a project within a resort area district shall be authorized by the adoption of a resolution by the board. A resolution authorizing an assessment shall only be adopted after following the procedures set forth in this section.
(b) The bylaws of a district:
(1) Shall provide the procedures not addressed in this section for the implementation of an assessment to pay the costs of a project: Provided, That such procedures must be consistent with constitutional standards and all other laws and regulations of this state.
(2) May provide for the maximum amount of assessments which may be levied against a parcel of real property within the district.
(c) Fifty-one percent or more of the owners of real property to be benefitted by a project may petition the board to implement an assessment to pay the costs of such project. A board may on its own initiative propose an assessment to pay the costs of a project upon approval by six sevenths of the board.
(d) Upon following the procedures provided in this section and a resort area district's bylaws for the implementation of an assessment to pay the costs of a project, the board may, after giving notice to all real property owners and holding a public meeting as required by this section, adopt a resolution authorizing such assessment to pay the costs of a project upon approval by six sevenths of the board.
(e) Before the adoption of a resolution authorizing an assessment to pay the costs of a project, the board shall cause notice to be given to the owners of real property located within the resort area district that such resolution will be considered for adoption at a public meeting of the board at a date, time and place named in the notice and that all persons at that meeting, or any adjournment thereof, shall be given an opportunity to protest or be heard concerning the adoption or rejection of the resolution.
(f) An assessment shall not be authorized by the board if at the public meeting required by this section written protest is filed by at least twenty-five percent of the owners of the real property within the district to be benefitted by the proposed project and subject to the assessment. In the event of such protest, the proposed assessment in the same form may not be reconsidered by a board for a period of at least one year from the date of the public meeting.
(g) At least thirty days prior to the date of the public meeting, the notice required by this section shall, using reasonable efforts, be mailed to the owners of real property to be assessed for a proposed project as provided in subsection (k) of this section, posted in multiple, conspicuous public locations within such district and published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty-nine of this code. The publication area for such publication shall be the resort area district.
(h) An affidavit of publication of the notice made by newspaper publisher, or a person authorized to do so on behalf of such publisher, and a copy of the notice shall be made part of the minutes of the board and spread on its records of the meeting described in the notice. The service of said notice upon all persons owning any interest in any real property located within the resort area district shall conclusively be deemed to have been given upon completion of mailing as provided in subsection (k) of this section and such newspaper publication.
(i) After the public meeting and before the board may adopt a resolution authorizing implementation of assessments, the board shall, using reasonable efforts, mail a true copy of the proposed resolution authorizing implementation of an assessment to the owners of real property in the resort area district as provided in subsection (k) of this section.
(j) A board shall make available to the owners of real property within the district a list of all owners of real property within the district for the purposes of enabling such owners of real property to solicit support for a petition proposing or a protest against an assessment.
(k) For purposes of the mailing of each notice to owners of
real property required by this section, reasonable efforts shall be
made to mail such notice to all owners of real property required to
receive notice under this section using the real property tax
records and land books of the county in which such district is
located and any lists maintained by a resort operator or homeowners
association within such district. Such notice shall be also mailed
to each president of a homeowners association, if any, located
within a district which has registered with a resort operator to
receive such information. Immaterial defects in the mailing of
such notices shall not affect the validity of such notices.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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