WEST virginia legislature
2022 regular session
Introduced
Senate Bill 639
By Senator Nelson
[Introduced February 15,
2022; referred
to the Committee on Government Organization]
A BILL to amend and reenact §8-11-4 of the Code of West Virginia, 1931, as amended, relating to municipal corporations; providing for powers and duties with respect to ordinances and ordinance procedures; and providing a 45-day waiting period before a water and/or sewer rate increase may go into effect for any local rate-regulated municipality.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.
§8-11-4. Ordinance procedures.
(a) Notwithstanding any
charter provision to the contrary, which charter provision was in effect
on the effective date of this section, it shall may not be
necessary, except where otherwise provided in this code, for the governing body
of any municipality to publish in a newspaper any proposed ordinance prior to
the adoption thereof or any enacted ordinance subsequent to the adoption
thereof, and any and all ordinances of every municipality shall be adopted in
accordance with the following requirements, except where different or
additional requirements are specified in other provisions of this code, in
which event such other different or additional requirements shall be
applicable:
(1) A proposed ordinance shall be read by title at not less than two meetings of the governing body with at least one week intervening between each meeting, unless a member of the governing body demands that the ordinance be read in full at one or both meetings. If such demand is made, the ordinance shall be read in full as demanded.
(2) At least five days
before the meeting at which a proposed ordinance, the principal object of which
is the raising of revenue for the municipality, is to be finally adopted, the
governing body shall cause notice of the proposed adoption of said the
proposed ordinance to be published as a Class I-0 legal advertisement in
compliance with the provisions of §59-3-1 et seq. of this code,
and the publication area for such the publication shall be the
municipality. The notice shall state the subject matter and general title or
titles of such the proposed ordinance, the date, time and place
of the proposed final vote on adoption, and the place or places within the
municipality where such the proposed ordinance may be inspected
by the public. A reasonable number of copies of the proposed ordinance shall be
kept at such place or places and be made available for public inspection. Said
The notice shall also advise that interested parties may appear at the
meeting and be heard with respect to the proposed ordinance.
(3) A proposed ordinance shall
may not be materially amended at the same meeting at which finally
adopted. A proposed ordinance to
increase water and/or sewer service rates shall contain language that: (i) The
rate increase may not be effective until 45 days following the passage of the
ordinance; and (ii) the rate increase shall take effect for service rendered on
or after the effective date.
(b) Notwithstanding any
charter provision to the contrary, which charter provision was in effect
on the effective date of this section, the governing body of any municipality
may adopt, by ordinance, building codes, housing codes, plumbing codes,
sanitary codes, electrical codes, fire prevention codes, or any other technical
codes dealing with general public health, safety or welfare, or a combination
of the same, or a comprehensive code of ordinances, in the manner prescribed in
this subsection. Before any such ordinance shall be adopted, the code shall be
either printed or typewritten and shall be presented in pamphlet form to the
governing body of the municipality at a regular meeting, and copies of such
the code shall be made available for public inspection. The ordinance
adopting such the code shall may not set out said
the code in full, but shall merely identify the same code.
The vote on adoption of said the ordinance shall be the same as
on any other ordinance. After adoption of the ordinance, such the
code or codes shall be certified by the mayor and shall be filed as a permanent
record in the office of the recorder, who shall may not be
required to transcribe and record the same code in the ordinance
book as other ordinances are transcribed and recorded. Consistent with the
provisions of subsection (a) of this section, it is shall not be
necessary that any such ordinance, either as proposed or after adoption, be
published in any newspaper, and it shall is not be
necessary that the code itself be so published, but before final adoption of
any such proposed ordinance, notice of the proposed adoption of such the
ordinance and code shall be given by publication as herein provided for
ordinances the principal object of which is the raising of revenue for the
municipality, which notice shall also state where, within the municipality, the
code or codes will be available for public inspection.
(c) By a charter framed and
adopted, revision of a charter as a whole, or a charter amendment or
amendments, as the case may be, subsequent to the effective date of this
section, a city may require any or all ordinances to be published in a
newspaper prior to the adoption thereof, may expressly adopt the provisions of
this section, may specify other additional requirements for the enactment of
ordinances, or may prescribe a procedure for the enactment of ordinances in
greater detail than prescribed in this section, but a city shall may
not, except in an emergency as specified in subsection (d) of this section or
except as otherwise provided in this code, have the power and authority to
lessen or reduce the requirements of this section.
(d) The governing body of a municipality may enact an ordinance without complying with the rules prescribed in this section only: (1) In the case of a pressing public emergency making procedure in accordance with the provisions of this section dangerous to the public health, safety, or morals, and by affirmative vote of two thirds of the members elected to the governing body; or (2) when otherwise provided in this code. The nature of any such emergency shall be set out in full in the ordinance.