H. B. 4386
(By Delegates DeLong and Morgan)
[Introduced February 4, 2008; referred to the
Committee on Government Organization.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-12-16a, relating
to authorizing municipalities to create a semiannual vacant
property registration; providing for registration fees;
providing for appeals; and providing penalties.
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 §8-12-16a, 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.
§8-12-16a. Regulation and registration of vacant properties.
(a) Legislative findings. -- The Legislature finds that vacant properties deter development and redevelopment initiatives, attract
loitering and vagrancy, can be havens for drug use and pose
numerous health safety threats spanning from the potential of
fires, dilapidation and debris.
(b) The governing body of any municipality may, by ordinance,
establish a semiannual vacant property registration and may charge
a fee to the owner of any parcel of residential property improved
by a residential structure, or commercial property improved by a
structure containing multiple dwelling units, that is vacant, has
been vacant for at least six months, and is characterized by
violations of applicable housing codes established by the
municipality.
(c) The municipality shall designate a municipal officer to
investigate any property that may be subject to the registration
fee. The officer shall report his findings and recommendations,
and shall determine whether the property is subject to the
registration fee. Within five business days, the municipality
shall notify by mail the owners of property on which the
registration fee has been placed at their last known address
according to the records of the municipality. The property owner
has the right to appeal the decision of the municipality to a
municipal court or other court of competent jurisdiction within
thirty days of the notification. Absent the existence of any valid
appeal or request for reconsideration, the registration fee begins at the beginning of the next registration period after the decision
of the municipal officer.
(d) Within thirty days of notice from the municipality, the
property owner may complete any improvements to the property that
may be necessary to revoke the registration fee, and then may
request a reinspection of the property and a reconsideration of the
registration fee. If the municipal officer revokes the
registration fee, no fee will be incurred. If the officer affirms
the assessment of the registration fee, the property owner has the
right to appeal the reconsideration decision of the officer to the
circuit court with competent jurisdiction within thirty days of the
decision. Absent the existence of any valid appeal to the circuit
court with competent jurisdiction, the registration fee begins to
accrue on the beginning of the next semiannual registration period
after the reconsideration decision of the municipal governing body.
(e) The municipal governing body shall establish by ordinance
procedures for payment of the registration fee and penalties for
delinquent payments of the fees. Any registration fees which are
delinquent for a period of one year becomes a lien on the property
and is subject to foreclosure proceedings in the same manner as
delinquent real property taxes. The owner of the property against
which the assessment was originally made is able to redeem the
property only by presenting evidence that the violations of the
applicable housing code cited by the municipal officers have been cured and presenting payment of all registration fees and
penalties. Upon bona fide sale of the property to an unrelated
party said lien shall be considered released and the delinquent
registration fee forgiven.
NOTE: The purpose of this bill is to authorize municipalities
to create a semiannual vacant property registration fee.
This section is new; therefore, strike-throughs and
underscoring have been omitted.