H. B. 4034
(By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Introduced January 14, 2010; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-12-16c, relating
to authorizing any municipality to enact by ordinance a vacant
property registration program; authorizing the assessment and
collection of registration fees; and requiring certain
procedures for administration and enforcement.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §8-12-16c, 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.
§8-12-16c. Registration
of vacant buildings; registration fees; procedures for administration and enforcement.
(a) The governing body of a municipality shall have plenary
power and authority to establish by ordinance a vacant building
registration program. For purposes of this section, the term
"vacant building" means a building or other structure that is
unoccupied, or unsecured and occupied by one or more unauthorized
persons for an amount of time as determined by the ordinance;
however, a new building under construction may not be considered a
vacant building. The ordinance of the municipality may provide
additional exceptions to the definition of vacant building.
(b) An owner of real property subject to registration may be
charged a fee in such amount or amounts as provided by the
ordinance. The ordinance shall provide administrative procedures
for the administration and enforcement of registration and payment
and collection of the registration fees.
(c) The ordinance may require that when the owner of the
vacant building resides outside of the state that the owner provide
the name and address of a person who resides within the state who
is authorized to accept service of process and notices of fees due
under this section on behalf of the owner and who is designated as
a responsible, local party or agent for the purposes of
notification in the event of an emergency affecting the public
health, safety or welfare.
(d) The ordinance may authorize the municipality to file a lien on real property for unpaid and delinquent vacant building
registration fees. Before any lien is filed, the municipality
shall give notice to the property owner or owner's agent, by
certified mail, return receipt requested, that the municipality
will file the lien unless the delinquent fees are paid by a date
stated in the notice, which must be no less than thirty days from
the date the notice is received by the owner or the owner's agent,
which shall be the date of delivery shown on the signed certified
mail return receipt card. The ordinance may provide for
alternative means of service when service cannot be obtained by
certified mail.
(e) The ordinance shall permit a property owner to challenge
any determination made pursuant to the ordinance. The
administrative procedures adopted pursuant to the ordinance shall
include the right to appeal to the circuit court of the county in
which the property is located. The circuit court shall consider
the appeal under its general authority, including but not limited
to subsection (f), section two, article two, chapter fifty-one of
this code.
NOTE: The purpose of this bill is to authorize the
registration of vacant buildings by municipalities and to authorize
imposition of registration fees on such properties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.