The bill amends the Code of West Virginia to empower counties and municipalities to enter into memoranda of understanding for the demolition of dilapidated structures. It grants county commissions the authority to regulate unsafe or unsanitary structures and establish enforcement agencies, outlining procedures for addressing complaints, issuing citations, conducting hearings, and imposing penalties on non-compliant property owners. If property owners fail to fulfill their obligations, county commissions can seek contractors to perform necessary work. Additionally, municipalities are allowed to adopt ordinances for managing the repair, alteration, or demolition of unsafe structures, emphasizing public safety and welfare while ensuring fair enforcement procedures.
The legislation mandates that any ordinance adopted by municipalities must include a written notice from the code enforcement agency detailing property conditions, required corrective measures, and compliance timelines. If personal service cannot be achieved, an affidavit must be filed, and public notice published. Should the owner not respond within the specified time, municipalities may proceed with corrective actions, including demolition, and are provided an absolute defense against civil actions if they demonstrate good faith adherence to procedures. The bill also allows municipalities to file liens for costs incurred in repairs or demolitions and to place structures into receivership under certain conditions, ultimately enhancing the enforcement of building codes and public safety through systematic procedures for addressing hazardous properties.
Statutes affected:
Introduced Version: 7-1-3ff, 8-12-16
Committee Substitute: 7-1-3ff, 8-12-16
Engrossed Committee Substitute: 7-1-3ff, 8-12-16
Enrolled Committee Substitute: 7-1-3ff, 8-12-16