ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4156
(By Delegates Morgan, Craig, Palumbo,
Klempa, Hutchins and Higgins)
[Passed March 7, 2008; in effect ninety days from passage.]
AN ACT
to amend and reenact §8-12-16 of the Code of West Virginia,
1931, as amended, relating to authorizing municipalities to
place a lien on property in an amount that reflects the costs
incurred by the municipality
for repairing, altering or
improving, or of vacating and closing, removing or demolishing
any dwelling or building
on the property.
Be it enacted by the Legislature of West Virginia:
That §8-12-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted 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.
§8-12-16. Ordinances regulating the repair, closing, demolition,
etc., of dwellings or buildings unfit for human habitation;
procedures.
(a) Plenary power and authority are hereby conferred upon every municipality to adopt ordinances regulating the repair,
alteration or improvement, or the vacating and closing or removal
or demolition, or any combination thereof, of any dwellings or
other buildings unfit for human habitation due to dilapidation,
defects increasing the hazard of fire, accidents or other
calamities, lack of ventilation, light or sanitary facilities or
any other conditions prevailing in any dwelling or building,
whether used for human habitation or not, which would cause such
dwellings or other buildings to be 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 must provide fair and equitable rules of procedure and any
other standards deemed necessary to guide the enforcement agency,
or its agents, in the investigation of dwelling or building
conditions, and in conducting hearings:
Provided, That any
entrance upon premises for the purpose of making examinations is
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 dwelling or building under determination of the State Fire
Marshal, as provided in section twelve, article three, chapter
twenty-nine of this code, or under order of the enforcement agency
of the municipality, to pay for the costs of repairing, altering or
improving, or of vacating and closing, removing or demolishing any
dwelling or building.
(e) Every municipality:
(1) May file a lien against the real property in question for
an amount that reflects all costs
incurred by the municipality
for
repairing, altering or improving, or of vacating and closing,
removing or demolishing any dwelling or building
; and
(2) May 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 property
and for reasonable attorney fees and court costs incurred in the
prosecution of the action.
(f) 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 such action.
(g) 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, such certified mail is returned without evidence of proper receipt
thereof, then in such event, 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.
(h) If any landowner desires to contest any demand brought
forth pursuant to this section, the landowner may seek relief in a
court of competent jurisdiction.
(i) 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, be posted in a
conspicuous place on the premises affected by the complaint or
order: Provided, That no ordinance may be adopted without
providing for the right to apply to the circuit court for a
temporary injunction restraining the enforcement agency pending
final disposition of the cause.
(j) In the event such application is made, a hearing thereon
shall be had within twenty days, or as soon thereafter as possible,
and the court shall enter such final order or decree as the law and
justice may require.
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