Senate Bill No. 1
(By Senator Blatnik)
____________
[Introduced January 12, 1994; referred to the Committee
on Government Organization.]
____________
A BILL to amend and reenact section sixteen, article twelve,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to allowing
municipalities to recover costs associated with closing,
removing, demolishing and repairing a hazardous building or
dwelling directly from the owner of the building or
dwelling.
Be it enacted by the Legislature of West Virginia:
That section sixteen, article twelve, 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 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED
RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL
OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.
§8-12-16. Ordinances regulating the repair, closing, demolition,
etc., of dwellings or buildings unfit for human habitation;
procedures.
Plenary power and authority are hereby conferred upon every
municipality to adopt ordinances regulating the repair,
alteration or improvement or the vacating and closing or removal
or demolition, or any combination thereof, of any dwellings or
other buildings unfit for human habitation due to dilapidation,
defects increasing the hazard of fire, accidents or other
calamities, lack of ventilation, light or sanitary facilities or
any other conditions prevailing in any dwelling or building,
whether used for human habitation or not, which would cause such
the dwellings or other buildings to be unsafe, unsanitary,
dangerous or detrimental to the public welfare. The ordinances
may also include provisions to vacate, close, demolish and remove
the buildings and dwellings.
The governing body in formally adopting such these
ordinances shall designate the an enforcement agency to act on
its behalf, which shall consist of the mayor, the municipal
engineer or building inspector and one member at large, to be
selected by and to serve at the will and pleasure of the mayor.
The ranking health officer and fire chief shall serve as ex
officio members of such the enforcement agency.
Any ordinance adopted pursuant to under the provisions of
this section shall provide include fair and equitable rules of
procedure and any other standards deemed necessary to guide the
enforcement agency, or its agents, in the investigation of
dwelling or building conditions, and in conducting hearings:
Provided, That any entrance upon premises for the purpose ofmaking examinations shall be made in such manner as to at times
and under conditions which will cause the least possible
inconvenience to the persons in possession.
Any ordinance adopted pursuant to the provisions of this
section shall provide for the assessment of the costs of such
repairs, alterations or improvements, or such vacating and
closing or removal or demolition, or any combination thereof,
including costs associated with vacating, closing and removing a
building or dwelling and costs associated with demolishing a
building or dwelling and removing debris by order of the
enforcement agency, and said the costs, after the sale of any and
all salvaged material is credited to the account, shall be a lien
against the real property upon which such the costs were
incurred.
All complaints or orders issued by the enforcement agency
shall be served in accordance with the law of this state
concerning the service of process in civil actions and shall in
addition thereto, be posted in a conspicuous place on the
premises affected by the complaint or order: Provided, however,
That no ordinance shall be adopted without providing therein for
the right of an affected property owner to apply to the circuit
court for a temporary injunction restraining the enforcement
agency pending final disposition of the cause complaint or order.
In the event such an application to the circuit court is made, a
hearing thereon on the matter shall be had held within twenty
days, or as soon thereafter as possible, and the court shallenter such a final order or decree as the law and justice may
require. Costs shall be imposed in such manner as in at the
discretion of the court. shall seem meet and proper
An ordinance adopted in accordance with the provisions of
this section may include a provision that any costs to the
municipality for repair, removal or demolition of a building or
dwelling or for removal of debris may be recovered directly from
the legal owner of the building or dwelling.
NOTE: The purpose of this bill is to allow municipalities
to recover costs of repair, removal or demolition of hazardous
buildings and dwellings directly from the owner of the building.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Email
Webmaster | © 2024 West Virginia Legislature **
