SB 529 Text

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.

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