H. B. 2735
(By Delegate Ashley)
[Introduced February 11, 1999; referred to the
Committee on Political Subdivisions then the
Judiciary.]
A BILL to amend and reenact section twenty-two, article eighteen,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to municipal
authority to compel sewer connections outside corporate
limits.
Be it enacted by the Legislature of West Virginia:
That section twenty-two, article eighteen, chapter eight of
the code of West Virginia, one thousand nine hundred thirty-one,
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 XII. CONNECTION TO SEWERS; BOARD OF HEALTH;
ENFORCEMENT OF DUTY TO PAY FOR SERVICE.
§8-18-22. Connection to sewers; board of health; penalty.
The owner or owners of any lot or parcel of land abutting on
any street, alley, public way or easement
in any municipality on
which a
public municipal sewer is now located or may hereafter be
constructed and laid (whether constructed and laid under the
provisions of this article or any other provisions of law) upon
which lot or parcel of land any business or residence building is
now located or may hereafter be erected, not connected with a
public sewer, may be required and compelled by the municipality
or by the board of health to connect any such building with such
sewer. Notice so to connect shall be given by the municipality
or by the board of health to the owner and to the lessee or
occupant of
such the building. Each day's failure to comply with
such the notice and connect with
such the sewer by
such the owner
or owners, after thirty days from the receipt of
such the notice,
shall be is a misdemeanor and a separate and new offense under
this section, and each such offense
shall be is punishable by a
fine of not less than five nor more than twenty-five dollars.
Jurisdiction to hear, try, determine and sentence for any
violation of this section is hereby vested in the police or
municipal court
thereof of the municipality when the lot or
parcel of land is within the municipality, or, where no police
court
or municipal court exists, in the mayor
thereof of the
municipality: Provided, That if the lot or parcel is located outside of the municipality, then jurisdiction is vested in the
magistrate court of the county wherein the lot or parcel is
situated.
NOTE: The purpose of this bill is to empower municipalities
to compel connections to municipal sewer service for businesses
or residences located outside corporate limits.
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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