H. B. 2268
(By Mr. Speaker, Mr. Chambers, and Delegates Johnson, Leach,
Manuel, Fragale, Staton and Ashley)
(Introduced January 27, 1995; referred to the
Committee on the Judiciary.)
A BILL to amend and reenact section thirteen, article thirteen,
chapter eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
thirteen-a, all relating to liens against real property for
municipal fees.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article thirteen, chapter eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be further
amended by adding thereto one new section, designated section
thirteen-a, all to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
§8-13-13. Special charges for municipal services.
Notwithstanding any charter provisions to the contrary, every
municipality which furnishes any essential or special municipal
service, including, but not limited to, police and fire protection,
parking facilities on the streets or otherwise, parks and
recreational facilities, street cleaning, street lighting, street
maintenance and improvement, sewerage and sewage disposal, and the
collection and disposal of garbage, refuse, waste, ashes, trash and
any other similar matter, shall have plenary power and authority to
provide by ordinance for the installation, continuance, maintenance
or improvement of such service, to make reasonable regulations with
respect thereto, and to impose by ordinance upon the users of such
service reasonable rates, fees and charges to be collected in the
manner specified in the ordinance: Provided, That any sewerage and
sewage disposal service and any service incident to the collection
and disposal of garbage, refuse, waste, ashes, trash and any other
similar matter shall be subject to the provisions of chapter
twenty-four of this code. The municipality shall not, however,
have a lien on any property as security for payments due under such
ordinance. Notwithstanding the provisions of section four,
article eleven of this chapter, any ordinance enacted or
substantially amended under the provisions of this section shall be published as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be such
municipality. In the event thirty percent of the qualified voters
of the municipality by petition duly signed by them in their own
handwriting and filed with the recorder of the municipality within
fifteen days after the expiration of such publication protest
against such ordinance as enacted or amended, the ordinance shall
not become effective until it shall be ratified by a majority of
the legal votes cast thereon by the qualified voters of such
municipality at a regular municipal election or special municipal
election, as the governing body shall direct. Voting thereon shall
not take place until after notice of such submission shall have
been given by publication as above provided for the publication of
the ordinance after it is adopted or substantially amended. The
powers and authority hereby granted to municipalities and to the
governing bodies thereof are in addition and supplemental to the
powers and authority named in any charters thereof.
Notwithstanding any other provisions of this section, in the event
rates, fees and charges herein provided for shall be imposed by the
governing body of any municipality for the purpose of replacing and
in amounts approximately sufficient to replace in its general fund such amounts as shall be appropriated to be paid out of ad valorem
taxes upon property within the municipality pursuant to an election
duly called and held under the constitution and laws of the state
to authorize the issuance and sale of general obligation bonds of
the municipality for public improvement purposes, in the call for
which election it shall be stated that the governing body of the
municipality proposes to impose rates, fees and charges in
specified amounts under this section for the use of one or more of
the services above specified, which shall be related to the public
improvement proposed to be made with the proceeds of the bonds, no
notice, publication of notice, or referendum or election or other
condition or prerequisite to the imposition of such rates, fees and
charges shall be required or necessary other than the legal
requirements for issuance and sale of such general obligation
bonds.
§8-13-13a. Lien for municipal service fees.
There shall be a lien on all real property for the fees
assessed thereon for essential or special municipal services
rendered to such property, and for the interest and other charges
upon such fees at the rate provided by law, and the lien shall
continue until the fee, penalties and interest is satisfied. The
lien shall attach on the first day of July, one thousand nine hundred ninety-five, and each July first thereafter for the fees
payable for the ensuing fiscal year.
NOTE: The purpose of this bill is to create a lien on real
property for fees assessed by municipalities for municipal services
rendered to such property.