ENGROSSED
Senate Bill No. 529
(By Senators Holliday, Chernenko and Wiedebusch)
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[Originating in the Committee on Government Organization;
reported March 4, 1994.]
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A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
three-gg; and to amend section sixteen, article twelve,
chapter eight of said code, relating to county commissions
generally; empowering county commissions to adopt ordinances
to regulate the repair, improvement, closing or demolition
of dwellings or buildings unfit for human habitation; and
authorizing county commissions to designate an enforcement
agency, an enforcement advisory committee and enforcement
procedures 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 article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated sectionthree-gg; and that section sixteen, article twelve, chapter eight
of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONERS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3gg. Ordinances regulating the repair, improvement,
closing, demolition of dwellings or buildings found
detrimental to public welfare; designating enforcement
agency, advisory committee and procedures; authorizing
recovery of costs from building owners.
In addition to all other powers and duties conferred by law
upon county commissions, as set forth in this article, county
commissions are hereby authorized to adopt ordinances regulating
the repair, alteration or improvement or the vacating, closing,
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 dwellings or other buildings to be unsafe, unsanitary,
dangerous or detrimental to the public welfare.
The county commission in formally adopting these ordinances
shall designate an enforcement agency to act on its behalf and
shall create an advisory committee regarding the enforcement of
this section which shall consist of, at a minimum, a
representative of the county commission, a county health officer,
an emergency services or fire official, the assessor or a deputy
assessor, and three additional members who have background orexperience in engineering, real estate, construction or related
fields. The advisory committee will have, at a minimum, a chair
and a secretary and the chair shall be the representative of the
county commission. The primary duty of the advisory committee
shall be to define and monitor enforcement standards and
practices but the commission may set forth other duties for the
committee including, but not limited to, proposing any ordinances
authorized by this section. The commission shall provide the
committee with staff assistance, legal counsel and member
expenses as are necessary for the fulfillment of any duties
imposed by this statute or by the commission itself.
Any ordinance adopted under the provisions of this section
shall 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 of making examinations
shall be made at times and under conditions which will cause the
least possible inconvenience to the persons in possession.
Any ordinance adopted under the provisions of this section
shall provide for the assessment of the costs of repairs,
alterations or improvements, 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. All such 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 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 be
posted in a conspicuous place on the premises affected by the
complaint or order:
Provided, That no ordinance shall be adopted
without providing 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 complaint
or order. In the event an application is made, a hearing on the
matter shall be held within twenty days, or as soon thereafter as
possible, and the court shall enter a final order or decree as
law and justice may require. Costs shall be imposed at the
discretion of the court.
Any ordinance adopted in accordance with the provisions of
this section may include a provision that all costs to the
enforcement agency or county for repair, removal or demolition of
a building or dwelling or for removal of debris under this
section or section three-ff of this article, may be recovered
directly from the legal owner of the affected property.
CHAPTER 8. MUNICIPAL CORPORATIONS.
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 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 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 these ordinances
shall designate 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 the
enforcement agency.
Any ordinance adopted under the provisions of this section
shall 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 of making examinations
shall be made 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 repairs,
alterations or improvements, including costs associated withvacating, 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 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 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 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 therein 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 complaint or order. In the event an
application to the circuit court is made, a hearing on the matter
shall be held within twenty days, or as soon thereafter as
possible, and the court shall enter a final order or decree as
the law and justice may require. Costs shall be imposed at the
discretion of the court.
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.