Senate Bill No. 491
(By Senator Wiedebusch)
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[Introduced March 24, 1997; referred to the Committee
on the Judiciary.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section three- gg; and to amend and reenact section thirteen, article
twelve, chapter eight of said code, all relating to
preventing county commissions and municipalities from
controlling the amount of rent charged for leasing private
residential or commercial property.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-gg; and that section thirteen, article twelve, chapter
eight of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
7-1-3gg. Rent control ordinances and regulations.
Notwithstanding any other provisions of this article, county
commissions shall have no plenary power to enact, maintain or
enforce an ordinance or code of ordinances that would control the
amount of rent charged for leasing private residential or
commercial property.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES
AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS
AGAINST MUNICIPALITIES.
§8-12-13. Building regulation; general and special codes; state
building code.
(a) The governing body of every municipality shall have
plenary power and authority by ordinance or a code of ordinances
to:
(1) Regulate the erection, construction, repair or
alteration of structures of every kind within the corporate
limits of the municipality, prohibit, within specified
territorial limits, the erection, construction, repair or alteration of structures of wood or other combustible material,
and regulate excavations upon private property;
(2) Regulate electric wiring by prescribing minimum
specifications to be followed in the installation, alteration or
repair thereof; and
(3) Regulate plumbing by prescribing the minimum
specifications to be followed in the installation, alteration or
repair of plumbing, including equipment, water and sewer pipe,
traps, drains, cesspools and septic tanks.
(b) Notwithstanding the provisions of subsection (a) of this
section, all existing municipal building codes are void one year
after the promulgation of a state building code by the state fire
commission as provided in section five-b, article three, chapter
twenty-nine of this code.
Upon the voidance of the municipality's existing building
code, if the municipality votes to adopt a building code, it must
be the state building code promulgated pursuant to section
five-b, article three, chapter twenty-nine of this code.
(c) The governing body of every municipality shall have
plenary power and authority by ordinance or a code of ordinances
to adopt such state building code promulgated by the state fire
commission.
(d) No governing body of any municipality shall have the
power to enact, maintain or enforce an ordinance or code of ordinances that would control the amount of rent charged for
leasing private residential or commercial property.
NOTE: The purpose of this bill is to prevent county
commissions and municipalities from passing ordinances that would
control the amount of rent charged for leasing private
residential or commercial property.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§7-1-3gg is new; therefore, strike-throughs and underscoring
have been omitted.