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11-1.1 Definitions
11-1.2 Prohibited conditions
11-1.3 Notice of Violation
11-1.4 Removal by Town of West Union lien on property
11-1.5 Additional remedies
11-1.6 Penalties
11-1.7 Liability
11-1.8 Invalid Provisions
11-1.9 Effective Date
11-1.1 Definitions
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a- Responsible Party (Parties) - Every person owning, leasing, or renting any lot, land, or property
b- Obnoxious Material - Dirt, rubbish, debris, weeds, brush, trees, plant growth, filth
11-1.2 Prohibited conditions
a- The responsible party (parties) shall keep the property free from, and remove from there, any obnoxious material, or any other deleterious material or salvaged material which may endanger or injure neighboring property or threaten the safety, health, welfare of the residents of the Town of West Union.
11-1.3 Notice of Violation
a- In the event that any responsible party (parties) within the Town of West Union shall fail to perform such duty to cut and remove such deleterious material or salvaged material, or upon the order of Council or Mayor, then in either of such events, the Mayor shall give or cause to be given in writing to the responsible party (parties) notice to remove such obnoxious material, or any other deleterious material from such lot or parcel of land.
b- Such notice shall be addressed to the responsible party (parties), shall describe by lot and block number or otherwise the location of such lot, land or property, shall describe briefly the obnoxious material, or any deleterious material to be cut and removed therefrom, shall fix a time within which such cutting, and removal shall be accomplished, shall bear a date thereon, and shall be signed whether by the Mayor, or other authorized agent of the Town of West Union. Any such notice shall be given or served upon any such offending person in the following manner: by any of the methods prescribed for service of process issued by the clerk of a circuit court of the State, or by posting a copy of the notice in a conspicuous place on the lot, land, or property upon which such deleterious or salvaged material is found,
or by publication of such notice once a week for two successive weeks in a newspaper of general circulation within the Town of West Union or by mailing a copy of such notice addressed to such person at his last known address. Any of the above methods of service of such notice shall be deemed sufficient notice to the person of the contents thereof. No error in the name of the property owner, the description of the property or in the materials designated to be cut and removed shall affect the validity of any such notice, provided that from the description of the property, the identity thereof may be established with reasonable certainty.
11-1.4 Removal by Town of West Union lien on property
a- Unless within ten days from the date of the posting, serving, mailing, or publication of the notice provided for in Section 11-1.3 hereof, the deleterious material is removed from the lot, land, or property, the Mayor shall thereupon cause the same to be cut, or removed, either by the agents or employees of the Town of West Union or otherwise as he may decide or direct, and the Mayor shall report the cost thereof to the Recorder and the Recorder shall forthwith mail a bill, voucher or statement of such cost in the United States mail to such responsible party(parties), the same to be dated with the date of its preparation and addressed to the last known post office address of such person. If the bill, voucher, statement or account be not paid within ten days from its date, then the Recorder, or his/her duly
authorized representative, shall prepare a notice of lien against such lot, land or property for the total amount of the actual cost of the cutting, or removing, which lien shall be duly verified by the Recorder, Mayor, or other authorized representatives of the Town of West Union, and which notice of lien shall be addressed to the responsible party (parties). Such notice of lien shall briefly describe the property upon which such lien is to be taken, shall briefly describe the work done thereon, and shall show the cost of such work. The lien shall also include the clerical cost of the Recorder, not to exceed the sum of five dollars ($5.00), and a fee for the search of the records to ascertain the owners of the property not to exceed the sum of ten dollars ($10.00), and shall include a statement of the cost of the recordation of the lien. The notice of lien, when so prepared, as aforesaid, shall thereupon be recorded in the trust lien book in the office of the clerk
of the county court and from the date of its recordation therein shall be a first lien after State, County, and Municipal taxes, and Municipal paving assessment, if any, upon the lot, land or property described in the lien. Such lien may be collected in the same manner as are liens for taxes, or paving assessments under the statutes of the State, or by an action at law; or the lien or the debt represented by it may be collected in any other manner or method which is now or may hereafter be provided for the collection of debts or accounts die to a Municipality under the statutes of the State.
Interest shall accrue upon such debt or lien at the rate of six percent (6%) per year from the date of the notice of lien until paid
b- The notice of lien provided for in this section shall be sufficient if it be in substantially the following form:
Notice of Lien
To: ________________________________________________
Notice is hereby given, that in accordance with the provisions of Section ___________ of the codified Ordinances of the Town of West Union, West Virginia, the Town of West Union claims a lien to secure the payment of the total sum of $_________ upon your interest in the following described property, situate in the Town of West Union, Doddridge County, West Virginia, and being described as follows:
________________________________________________________________________________________________________________________________________________________________
(Description: Lot and Block Number or otherwise)
You are further notified that the items of said lien are as follows:
Cost of cutting and removal of (describe)
. $____________
Cost of Recorder in preparation of lien and notices
$____________
Title Report
$____________
Service of notice
$____________
Recordation of lien
$____________
Total Amount of Lien $____________
This is a first lien after state, county, and municipal taxes, and paving assessments on said lot, tract, or parcel of land, and shall bear interest at the rate of six percent (6%) from the date hereof until paid.
You are further notified that said lien may be paid, and release thereof had, at the office of the Mayor, Town of West Union, Town Hall, West Union, West Virginia 26456.
IN WITNESS WHEREOF, The Town of West Union, West Virginia, has caused its name to be signed hereto by ________________, and its corporate seal hereto affixed, this ____ day of ________ _, 20____.
The Town of West Union, West Virginia
By_____________________________
ATTEST:
_________________
Recorder
(Acknowledgement)
Note: This lien to be recorded and indexed in trust lien book
c- Such lien and assessment shall bear interest at the rate of six percent (6%) from the date thereof and such lien shall be indexed and recorded by the clerk of the county court in the same manner as are liens for paving assessments as provided by the statutes of the State.
11-1.5 Additional remedies
Neither the collection of the aforementioned damages nor the imposition of any assessment, lien of other penalty under the provisions of this article shall excuse the violation, neglect, or noncompliance wherewith, or permit or allow the continuance of any such violation, and any person violating, neglecting, or failing to comply with the provisions of the article shall be required to correct or remedy such violations, neglects, defaults, or defects as provided for herein. The application or use of such assessment lien, or of the above penal provisions shall not be held to prevent the removal of the prohibited conditions, and the Town of West Union shall have the right, in addition thereto, to proceed in any court having jurisdiction for the correction or removal of the same by any lawful procedure provided for by the statutes of the State.
11-1.6 Penalties
a- In addition to the lien assessment provided for herein if any person shall violate any of the provisions of this article or shall fail to comply with any notice provided for herein such person may upon summons or warrant be required to appear before the Mayor and if convicted of a violation of this article may be fined by such Mayor not more than five hundred dollars ($500.00) within the aforesaid limits in the discretion of the Mayor and in addition thereto shall be required to pay the costs of his/her prosecution.
b- Each five days that any such person shall fail to comply with the provisions of this article or shall fail or neglect to obey and comply with any notice issued under the provisions hereof shall constitute a separate offense.
11-1.7 Liability
Nothing contained within this Ordinance is intended, nor shall be construed so as to create or form the basis for any civil or administrative liability whatsoever on the part of the Town of West Union, or any of its officers, officials, employees, or agents, for any injury or damage resulting to any person whomsoever as a consequence of any action or inaction on the part of the Town of West Union as related in any manner to the enforcement or non-enforcement of this Ordinance by the Towns officers, officials, employees, or agents.
11-1.8 Invalid Provisions
The provisions of this Ordinance are severable, and in the event that any provision or part thereof shall be held invalid for any reason by any Court exercising competent jurisdiction, then such invalidity shall not be deemed to affect or impair any of the other provisions or parts of this Ordinance not specifically held to be invalid. It is hereby declared to be the intent of the Town of West Union that this Ordinance would have been adopted if any such invalid provision or part hereof had not been included herein.
14-1.10 Effective Date
This Ordinance shall be deemed effective thirty (30) days following the second (2nd) reading, passage and adoption by the Council of the Town of West Union. (Passed: September 4, 2007) Adopted on October 2, 2007.
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