ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4034
By Mr. Speaker, (Mr. Thompson) and Delegate Armstead)
[By Request of the Executive]
[Passed March 12, 2010; in effect ninety days from passage.]
AN ACT
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
building registration program; authorizing the assessment and
collection of registration fees; authorizing exemptions of
certain vacant properties; authorizing establishing a lien and
assessment of civil penalties; authorizing an ordinance on
notice to out of state owners; requiring certain procedures
for administration and enforcement and appeal; and providing
for a special account and specifying uses of monies received
from fees assessed.
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:
Provided, That a new building under construction or a building that
by definition is exempted by ordinance of the municipality, is not
deemed a vacant building: Provided, however, that the governing
body of a municipality, shall on a case by case basis, upon request
by the property owner, exempt a vacant building from registration
upon a finding for good cause shown that the person will be unable
to occupy the building for a determinant period of time.
(b) An owner of real property subject to registration may be
charged a fee or fees as provided by ordinance. The ordinance
shall provide administrative procedures for the administration and
enforcement of registration and payment and collection of
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 institute
a civil action against the property owner and/or 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.
(f) The governing body of a municipality shall deposit the fee
into a separate account, which shall be used to:
(1) Improve public safety efforts, especially for police and
fire personnel, who most often contend with the dangerous
situations manifested in vacant properties;
(2) Monitor and administer this section; and
(3) Repair, close or demolish a vacant structure as authorized
by section sixteen, article twelve, chapter eight.