Senate Bill No. 378
(By Senator Foster (By Request))
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[Introduced January 28, 2010; referred to the Committee
on Government Organization; and then to the Committee on Finance
.]
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A BILL to amend and reenact §8-18-10 of the Code of West
Virginia, 1931, as amended, relating to providing a
limitation on the lien created for municipal assessments.
Be it enacted by the Legislature of West Virginia:
That §8-18-10 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND
SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT
OF DUTY TO PAY FOR SERVICE.
PART IV. LIENS OF ASSESSMENTS AND ENFORCEMENT THEREOF.
§8-18-10. Liens; recording notice of liens; suit for
enforcement; priority.
The property abutting the portion of the street, alley,
public way or easement, or sewer right-of-way or easement,
improved
shall be is subject to a lien, from the date of the
ordinance or resolution laying the assessment, for the payment of
the cost of the improvements assessed against said property. A
notice of the liens of
said these assessments referring to the
assessing ordinance or resolution, and setting forth a list of
the property assessed, described respectively as to amounts of
assessment and ownership, frontage and location of the property,
shall be certified by the recorder of the municipality to the
clerk of the county court of the county wherein the improvement
or any part thereof is located. The county clerk shall record
the same in a proper trust deed book and index the same in the
name of each owner of abutting property assessed.
From For a
period of ten years from the date of the assessment, the
municipality (if neither assessment certificates nor bonds are
issued as hereinafter in this article provided), or the holder of
the assessment certificates (if the assessments are evidenced by
such certificates), or the holders of the bonds secured by
such
these assessments (if bonds are issued),
shall have such has
these liens and
shall be is entitled to enforce the same in its,
his
or her or their name or the name of the municipality to the
extent of the amount, principal and interest, of
such these
assessments and against the said property, as to any assessment
not paid as and when due.
Said These assessments
shall be are
and constitute liens in the hands of the municipality, or the
holders of
said these certificates, or the holders of
said these
bonds, as the case may be, upon the respective lots and parcels of land assessed and
shall have has priority over all other liens
except those for land taxes due the state, county and
municipality, and except any liens for preexisting special
assessments.
Said These assessments and interest thereon shall
be paid by the owners of the property assessed as and when the
installments are due. The municipality, or the holders of any
such certificates, or the holders of any such bonds, as the case
may be, may enforce the lien
thereof in any proper suit, and when
default in the payment, as and when due, of any assessment,
principal or interest, or installment, shall occur and such
default
shall have has continued for more than sixty days, the
municipality, or the holders of any such certificates, or the
holders of any such bonds, as the case may be, may declare the
whole unpaid balance due and payable and by proper civil action
seeking equitable relief enforce the lien thereof, upon process
issued and served according to law upon the owner or owners of
the lots or parcels of land subject to
said the lien at the time
such this suit may be brought as shown by the records of the
clerk of the county court of the county in which
said these lots
or parcels of land are located.
NOTE: The purpose of this bill is to provide a limitation on
the lien created for municipal assessments
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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