WVC 38 - 10 E- 2
§38-10E-2. Release of lien.
(a) A lien recorded in accordance with section one of this
article shall be released if the municipality or county determines
that the property has been satisfactorily cleaned up or repaired,
the city or county determines that satisfactory measures have been
taken to assure that the property will be repaired or cleaned up
within a reasonable time, with the property owner first being given
the opportunity to make said clean-up or removal within sixty days,
or that the insurance company has paid the amount of the lien to
the municipality or county or such person designated to receive
such moneys: Provided,
That if the insurer has paid the amount of
the lien to the treasurer or sheriff and the subsequent cost of
cleanup is less than that amount, the difference shall be returned
to the insurer.
(b) Upon the satisfaction of a lien in accordance with
subsection (a) of this section, the treasurer or sheriff, whichever
is applicable, shall sign a release and cause it to be recorded by
the clerk of the county commission in the "Debris Removal Liens"
book and, immediately upon recordation, he or she shall send a
certified copy thereof to the insurance company: Provided, That if
a lien has been paid or otherwise satisfied and the treasurer or
sheriff refuses to cause such lien to be released, the insurance
company or policyholder may apply to the circuit court for an order
compelling the clerk to record a release.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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