Senate Bill No. 241
(Senators Wooton, Ball, Dittmar, Kessler, McCabe, Mitchell,
Oliverio, Redd, Schoonover, Snyder and Deem)
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[Originating in the Committee on the Judiciary;
reported January 27, 1999.]
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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 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 magistrate court of the county wherein the
lot or parcel is situated..
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(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.)