ENROLLED
Senate Bill No. 241
(Senators Wooton, Ball, Dittmar, Kessler, McCabe, Mitchell, Oliverio, Redd,
Schoonover, Snyder and Deem)
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[Passed March 10, 1999; in effect ninety days from passage.]
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AN ACT 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 building. Each day's failure
to comply with such notice and connect with such sewer by such
owner or owners, after thirty days from the receipt of such notice,
shall be a misdemeanor and a separate and new offense under this
section, and each such offense shall be 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
when the
lot or parcel of land is within the municipality, or, where no
police court
or municipal court exists, in the mayor thereof
:
Provided, That if said lot or parcel is located outside of the municipality, then jurisdiction shall be vested in the circuit
court of the county wherein the lot or parcel is situated.