H. B. 4156
(By Delegates Morgan, Craig, Palumbo, Klempa,
Hutchins and Higgins)
[Introduced January 23, 2008; referred to the
Committee on Political Subdivisions then Government
Organization.]
A BILL to amend and reenact §8-12-16 of the Code of West Virginia,
1931, as amended, relating to permitting the governing body of
a municipality to place a lien on property in an amount equal
to the demolition and removal costs of a hazardous structure.
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
such 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
such the enforcement
agency.
(c) Any ordinance adopted pursuant to the provisions of this
section shall 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 shall be made in such manner as to cause the least possible inconvenience
to the persons in possession.
(d) The governing body of every municipality shall have
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. Every
municipality shall also have the right to file a lien against the
real property in question for an amount
not to exceed the assessed
value of the property as recorded in the office of the county
assessor, or that reflects all costs of demolition and removal, and
to 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.
(e) 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.
(f) 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.
(g) In the event any landowner desires to contest any demand
brought forth pursuant to this section, the landowner may seek
relief in a court of competent jurisdiction.
(h) 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
shall, in addition
thereto, be posted in a conspicuous place on the premises affected
by the complaint or order:
Provided, That no ordinance
shall may
be adopted without providing
therein for the right to apply to the
circuit court for a temporary injunction restraining the
enforcement agency pending final disposition of the cause.
(i) 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.
NOTE: The purpose of this bill is to permit the governing body
of a municipality to place a lien on property in an amount equal to
the demolition and removal of a hazardous structure.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.