ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 475
(Senator McCabe, original sponsor)
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[Passed March 10, 2007; in effect ninety days from passage.]
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AN ACT to amend and reenact §8A-8-11 and §8A-8-12 of the Code of
West Virginia, 1931, as amended, all relating to appeals to
the Board of Zoning Appeals; clarifying time period for
written decision by board; automatic dismissal if time period
not met; clarifying stays; and authorizing stay exemptions.
Be it enacted by the Legislature of West Virginia:
That §8A-8-11 and §8A-8-12 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-11. Notice and hearing of appeal.
(a) Within ten days of receipt of the appeal by the Board of
Zoning Appeals, the board shall set a time for the hearing of the
appeal and give notice. The hearing on the appeal must be held
within forty-five days of receipt of the appeal by the board.
(b) At least fifteen days prior to the date set for the
hearing on the appeal, the Board of Zoning Appeals shall publish a notice of the date, time and place of the hearing on the appeal as
a Class I legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code and written notice
shall be given to the interested parties. The publication area
shall be the area covered in the appeal.
(c) The Board of Zoning Appeals may require the party taking
the appeal to pay for the cost of public notice and written notice
to interested parties.
(d) At the hearing, any party may appear in person, by agent
or by an attorney licensed to practice in this state.
(e) Every decision by the board must be in writing and state
findings of fact and conclusions of law on which the board based
its decision. If the board fails to provide findings of fact and
conclusions of law adequate for decision by the circuit court and
as a result of the failure, the circuit court returns an appealed
matter to the board and dismisses jurisdiction over an applicant's
appeal without deciding the matter, whether the court returns the
matter with or without restrictions, the board shall pay any
additional costs for court filing fees, service of process and
reasonable attorneys' fees required to permit the person appealing
the board's decision to return the matter to the circuit court for
completion of the appeal.
(f) The written decision by the board shall be rendered within
thirty days after the hearing. If the board fails to render a
written decision within thirty days after the hearing, then any
party may pursue additional legal remedies to obtain a decision, including, but not limited to, seeking a writ of mandamus.
§8A-8-12. Stays; exception.
(a) When an appeal has been filed with the Board of Zoning
Appeals, all proceedings and work on the premises in question shall
be stayed, except as provided in subsection (b) of this section.
(b) A stay may not be had:
(1) If the official or board from where the appeal was taken
certifies in writing to the Board of Zoning Appeals that a stay
would cause imminent peril to life or property;
(2) Upon further administrative proceedings, including, but
not limited to, submissions to and reviews by the staff or any
administrative body; or
(3) Upon engineering or architectural work that does not
disturb the real estate beyond what is necessary to complete
engineering, survey work or other tests.
(c) If the written certification is filed pursuant to
subdivision (1), subsection (b) of this section, then proceedings
or work on the premises shall not be stayed.
(d) Nothing in this section prevents a party from obtaining a
restraining order.
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