ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 465
(By Senators Yoder, Ross and Helmick)
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[Originating in the Committee on the Judiciary;
reported February 24, 1995.]
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A BILL to amend and reenact section sixty, article twenty-four,
chapter eight of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to providing
an alternative notice requirement for petitioners
appealing decisions of the board of zoning appeals.
Be it enacted by the Legislature of West Virginia:
That section sixty, article twenty-four, 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 24. PLANNING AND ZONING.
§8-24-60. Notice to adverse parties.
(a) Upon filing a petition for a writ of certiorari with the clerk of the circuit court of the county in which the
premises affected are located, the petitioner shall cause a
notice to be issued and served by the sheriff of the county
upon the adverse party or parties, if any, as shown by the
record of the appeal in the office of the board of zoning
appeals and upon the chairman or secretary of the board of
zoning appeals.
The adverse party or parties shall be any property owner
whom or which the record of the board of zoning appeals shows
to have appeared at the hearing before the board in opposition
to the petitioner. If the record shows a written remonstrance
or other document opposing the request of petitioner containing
the names of more than three property owners, the petitioner
shall be required to cause notice to be issued and served upon
the three property owners whose names first appear upon the
remonstrance or document. Notice to the other parties named in
the remonstrance or document shall not be required.
The notice shall state that a petition for a writ of
certiorari has been filed in the circuit court of the county
asking for a review of the decision or order of the board of
zoning appeals, shall designate the premises affected and shall specify the date of the decision or order complained of.
Service of the notice by the sheriff on the chairman or
secretary of the board of zoning appeals shall constitute
notice to the board and to the municipality or county and to
any official or board thereof charged with the enforcement of
the zoning ordinance and no further summons or notice with
reference to the filing of such petition shall be necessary.
(b) As an alternative to the requirements for notice
prescribed in subsection (a) of this section, notice shall be
sufficient upon a showing that the chairman or secretary of the
board of zoning appeals and all adjacent landowners to the
subject property have received personal service of process of
the notice containing information as required by said
subsection. As to all other interested parties, notice shall
be sufficient if, by Class III-0 legal advertisement, notice
containing information as required by said subsection is
published in the county or counties wherein the subject
property is located.
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