H. B. 3005
(By Delegate Brown (By Request))
[Introduced March 9, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
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 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 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 assessments (if bonds are issued), shall have such
liens and shall be entitled to enforce the same in its, his or
their name or the name of the municipality to the extent of the
amount, principal and interest, of such assessments and against the
said property, as to any assessment not paid as and when due. Said
assessments shall be and constitute liens in the hands of the
municipality, or the holders of said certificates, or the holders
of said bonds, as the case may be, upon the respective lots and
parcels of land assessed and shall have 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 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
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 lien at the time such suit may be brought as shown by the
records of the clerk of the county court of the county in which
said 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.