West Virginia HB 4795: Authorizing ordinances that allow the municipal court to place a structure, dwelling or building into receivership

Bill Text

HB 4795 Text

• 

• 

• 

• 

skip navigation

SENATE

PRESIDENT
SENATORS
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
SENATE CLERK
SENATE RULES

HOUSE

SPEAKER
DELEGATES
COMMITTEES
VIDEO/AUDIO
DISTRICT MAPS
HOUSE CLERK
HOUSE RULES
HOUSE STAFF

JOINT

INTERIM COMMITTEES
LEGISLATIVE ADMINISTRATOR
LEGISLATIVE SERVICES DIVISION
PUBLIC INFORMATION
LEGISLATIVE AUTOMATED SYSTEMS DIVISION
LEGISLATIVE AUDITOR'S OFFICE
PERFORMANCE EVALUATION & RESEARCH DIVISION
POST AUDIT DIVISION
BUDGET DIVISION
REGULATORY AND FISCAL AFFAIRS DIVISION
CLAIMS COMMISSION
CRIME VICTIMS
RULE-MAKING REVIEW
SPECIAL INVESTIGATIONS
JUDICIAL COMP. COMMISSION
JOINT RULES
STAFF INFO

BILL STATUS

BILL STATUS
BILL TRACKING

STATE LAW

WEST VIRGINIA CODE
ACTS OF THE LEGISLATURE
CODE OF 1931
WV CONSTITUTION
US CONSTITUTION

REPORTS

AGENCY REPORTS
AGENCY GRANT AWARDS
PERFORMANCE EVALUATIONS
POST AUDITS

EDUCATIONAL

CITIZEN’S GUIDE
INTERNSHIP PROGRAM
PAGE PROGRAM

PUBLICATIONS
PHOTO GALLERY
CAPITOL HISTORY
HOW A BILL BECOMES LAW
Kids’ Page-->

CONTACT

SENATE ROSTER
HOUSE ROSTER
All Members List-->
PUBLIC INFO.
NEWS RELEASES
HELPFUL LINKS

Introduced Version

« House Bill 4795 History

 | Email

 Key: Green = existing Code. Red = new code to be enacted

WEST virginia 
legislature

2020 regular session

Introduced

House Bill 4795

By Delegates Pushkin, 
Estep-Burton, Skaff and Byrd 

[Introduced February 11, 
2020; Referred to the Committee on Political Subdivisions then the Judiciary]

A BILL to amend and 
reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to 
authorizing municipalities to enact ordinances that allow the municipal court 
to place a structure, dwelling or building into receivership under certain 
circumstances.

Be it enacted by the 
Legislature of West Virginia:

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, alteration, improvement, closing, demolition, etc., of 
structures, dwellings or buildings that are unsafe, unsanitary, dangerous or 
detrimental to the public safety or welfare; procedures.

(a) For the purposes of 
this section:

(1) “Code enforcement 
agency” means either a code enforcement department as defined by 87 CSR 7-2, as 
may be amended, or an enforcement agency as permitted by subsection (c) of this 
section.

(2) “Code enforcement 
agency official” means any lawful agent of a code enforcement agency. 

(3) “Owner” or “landowner” 
means a person who individually or jointly with others:

(A) Has legal title to the 
property, with or without actual possession of the property;

(B) Has charge, care or 
control of the property as owner or agent of the owner;

(C) Is an executor, 
administrator, trustee or guardian of the estate of the owner;

(D) Is the agent of the 
owner for the purpose of managing, controlling or collecting rents; or

(E) May control or direct 
the management or disposition of the property.

(4) “Unsafe, unsanitary, 
dangerous or detrimental to the public safety or welfare” means:

(A) Any door, aisle, 
passageway, stairway, exit or other means of egress that does not conform to 
the approved building or fire code of the jurisdiction as related to the 
requirements for existing buildings;

(B) The walking surface of 
any aisle, passageway, stairway, exit or other means of egress is so warped, 
worn loose, torn or otherwise unsafe as to not provide safe and adequate means 
of egress;

(C) Any portion of a 
dwelling, building, structure or appurtenance that has been damaged by fire, 
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by 
any other cause to an extent that it is likely to partially or completely 
collapse, or to become detached or dislodged;

(D) Any portion of a 
structure or building, or any member, appurtenance or ornamentation on the 
exterior that is not of sufficient strength or stability, or is not so 
anchored, attached or fastened in place so as to be capable of resisting 
natural or artificial loads of one and one-half the original designed value;

(E) The dwelling, building 
or structure, or part of the building or structure, because of dilapidation, 
deterioration, decay, faulty construction, the removal or movement of some 
portion of the ground necessary for the support, or for any other reason, is 
likely to partially or completely collapse, or some portion of the foundation 
or underpinning of the building or structure is likely to fail or give way;

(F) The dwelling, building 
or structure, or any portion, is clearly unsafe for its use;

(G) The dwelling, building 
or structure is neglected, damaged, dilapidated, unsecured or abandoned so as 
to become an attractive nuisance to children, becomes a harbor for vagrants, 
criminals, criminal activity or enables persons to resort to the dwelling, 
building or structure for committing a nuisance or an unla