Senate Bill No. 475
(By Senator McCabe)
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[Introduced February 7, 2007; referred to the Committee on
Government Organization.]
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A BILL to amend and reenact §8A-8-12 of the Code of West Virginia,
1931, as amended, relating to allowing an appellant to file
with the Board of Zoning Appeals a stay of all proceedings
and/or work on the premises in question.
Be it enacted by the Legislature of West Virginia:
That §8A-8-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. BOARD OF ZONING APPEALS.
§8A-8-12. Stays; exception.
When an appeal has been filed with the board of zoning
appeals, all proceedings and work on the premises in question shall
be stayed, unless 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. If the
written certification is filed, proceedings or work on the premises shall not be stayed. Nothing in this section prevents obtaining a
restraining order.
(a) When an appeal has been filed with the board of zoning
appeals, the appellant may apply to the board of zoning appeals for
a stay of all proceedings and/or work on the premises in question.
If an application for a stay is filed, then the board of zoning
appeals shall conduct a hearing with proper notice to all parties
and to the owner of the premises in question at least ten (10) days
prior to the hearing.
(b) The board of zoning appeals shall determine if a stay
should be granted or denied in the same manner as provided in the
rules of civil procedure adopted by the West Virginia Supreme Court
of Appeals applicable to injunctions or stays.
(c) If the board of zoning appeals determines that a stay will
be issued, then the appellant must provide an adequate bond to the
board of zoning appeals in such amount as the board shall deem
proper for the payment of such costs, expenses including interest,
and damages as may be incurred or suffered by any person who is
found to have been wrongfully enjoined or restrained. This bond
shall be posted by cash or corporate security. Appellant must post
the bond within ten (10) days of the board's determination that a
stay should be granted. No stay shall be effective until the bond
is posted.
(d) Nothing in this section shall be construed to prevent either party from seeking a restraining order.
NOTE: The purpose of this bill is to allow the appellant to
file with the board of zoning appeals a stay of all proceedings
and/or work on the premises in question.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
No
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