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Codified Ordinances of Clarksburg, WV
CODIFIED ORDINANCES OF THE CITY OF CLARKSBURG, WEST VIRGINIA
DIRECTORY OF OFFICIALS
ADOPTING ORDINANCE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
CHAPTER ONE - General Provisions
CHAPTER THREE - Legislative
CHAPTER FIVE - Administrative
ARTICLE 120 Anti-nepotism
ARTICLE 121 City Manager
ARTICLE 123 City Attorney
ARTICLE 125 Police Department
ARTICLE 127 Fire Department
ARTICLE 129 Department of Public Works
ARTICLE 131 Department of Finance
ARTICLE 133 Board of Park Commissioners
ARTICLE 135 Board of Directors of Public Library
ARTICLE 137 Planning Commission
ARTICLE 139 Sanitary Board
ARTICLE 141 Parking Authority
ARTICLE 143 Water Board
ARTICLE 145 Department of Development
ARTICLE 147 General Nathan Goff Armory
ARTICLE 149 Central West Virginia Transit Authority
ARTICLE 151 Youth Crisis Center Board
ARTICLE 153 Citizen’s Advisory Committee
ARTICLE 155 Urban Renewal Authority
ARTICLE 157 Personnel Department
ARTICLE 161 Employment Provisions
ARTICLE 163 Indemnification of Officers, Agents and Employees
ARTICLE 165 Municipal Building Commission
ARTICLE 167 Housing Authority
ARTICLE 169 City/County Human Relations Commission
ARTICLE 171 Health Department
ARTICLE 173 Fire Civil Service Commission
ARTICLE 175 Police Civil Service Commission
ARTICLE 177 Clarksburg Development Authority
ARTICLE 178 Clarksburg Visitors’ Bureau
ARTICLE 179 Historic Landmarks Commission
ARTICLE 181 Clarksburg Land Reuse Agency
CHAPTER NINE - Judicial
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - CODE ADMINISTRATION
ARTICLE 179
Historic Landmarks Commission
179.01    Creation and purpose of the Clarksburg Historic Landmarks Commission.
179.02    Members; qualifications; term; compensation.
179.03    Officers; meetings; quorum; rules.
179.04    Employees.
179.05    Offices and expenses; other appropriations.
179.06    Meeting minutes.
179.07    Annual report; reports to the Department of Culture and History.
179.08    Commission powers and duties.
179.09    Restriction on use of property designated as historic landmark.
179.10    Notice to County Assessor of designation of Historic District.
179.11    Coordination.
179.12    Notice and public hearing.
179.01 CREATION AND PURPOSE OF THE CLARKSBURG HISTORIC LANDMARKS COMMISSION.
   (a)    Creation. There is hereby established the Clarksburg Historic Landmarks Commission pursuant to the authority given by West Virginia Code 8-26A-1 et seq. Said Clarksburg Historic Landmarks Commission is hereinafter referred to as the "Commission."
   (b)    Purpose. The purpose of the Commission is to engage in historic preservation and further those legislative determinations set forth in West Virginia Code 8-26A-1.
(Ord. 20-35. Passed 11-19-20.)
179.02 MEMBERS; QUALIFICATIONS; TERM; COMPENSATION.
   The Commission shall consist of five members appointed by Council.
   (a)    Qualifications. All members shall be residents of the City. One member shall be a member of Council. Members shall be drawn from among persons with demonstrated interest, competence or knowledge in historic preservation and local history and demonstrate a vocational experience in preservation and associated disciplines. To the extent such persons are available in the City at the time of appointment, members should be preservation-related professionals. To the extent such persons are available in the City at the time of appointment, at least three members shall have a demonstrated special interest, experience or education in historic preservation or in professions related to historic preservation, such as history, public history, architecture, architectural history, planning, real estate, American studies, geography, landscape architecture or law.
   (b)    Term. The member of Council appointed by Council to serve on the Commission shall serve a term commensurate with such member's Council term. Of the remaining original members, one shall be appointed to serve for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Thereafter, members shall be appointed to a term of four years. A member may be appointed for a second consecutive term, but after two consecutive full terms, a member shall be ineligible for reappointment until a calendar year has elapsed since the date of such member's second term.
   (c)    Removal. Members shall serve at the will of Council and Council by resolution may remove a member or multiple members at any time with or without cause.
   (d)    Method of Filling Vacancies. If a member dies, resigns, or is removed, or a vacancy in the membership shall otherwise occur, then Council shall appoint by resolution a replacement member as soon as reasonably practicable; provided that such resolution may be at a regular meeting of Council and no special meeting is required. Such replacement member shall serve for the balance of the unexpired term.
   (e)    Compensation: Reimbursement for Expenses. Commission members shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of duties.
      (Ord. 20-35. Passed 11-19-20.)
179.03 OFFICERS; MEETINGS; QUORUM; RULES.
   (a)    Officers. At its first regular meeting in each calendar year, the Commission shall elect from its members a president, a vice president, and a secretary-treasurer. The vice president shall have the power and authority to act as president during the absence or disability of the president.
   (b)    Meetings. The Commission shall fix the time for holding regular meetings but shall meet at least once in each of the months of January, April, July, and October. The Commission may meet more often as it determines or requires. Reasonable notice of the time and place of meetings shall be given to the public. All meetings shall conform to the West Virginia open Governmental Proceedings Act, West Virginia Code Article 6-9A, as amended.
   (c)    Quorum. A majority of the members of the Commission shall constitute a quorum. No action of the Commission shall be official, unless authorized by a majority of all members of the Commission at a properly constituted regular or special meeting.
   (d)    Votes. The vote of each Commission member shall have equal weight.
   (e)    Rules. The Commission shall adopt and publish rules of procedure upon approval of Council. (Ord. 20-35. Passed 11-19-20.)
179.04 EMPLOYEES.
   The Commission is authorized and empowered to employ within the limits of funds available therefor, such employees, assistants, technical personnel and consultants as are necessary to discharge the duties and responsibilities of the Commission.
(Ord. 20-35. Passed 11-19-20.)
179.05 OFFICES AND EXPENSES; OTHER APPROPRIATIONS.
   Council shall provide the Commission with suitable space for holding of meetings and the preservation of plans, maps, documents, and accounts. Council shall have plenary power and authority to appropriate funds for expenditure by the Commission to accomplish the purposes of this article and may provide funding for the operating expenses of the Commission by appropriating a sum sufficient to defray such expenses.
(Ord. 20-35. Passed 11-19-20.)
179.06 MEETING MINUTES.
   The Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and actions. The Commission minutes from a meeting shall be forwarded to Council within two weeks after the date of such hearing. The Commission minutes shall be a public record and available to the public upon request. (Ord. 20-35. Passed 11-19-20.)
   
179.07 ANNUAL REPORT; REPORTS TO THE DEPARTMENT OF CULTURE AND HISTORY.
   (a)    Annual reports shall be prepared and submitted to Council and to the State Historic Preservation office of the Department of Culture and History within sixty days after the end of the fiscal year or the portion of the fiscal year in the first year of establishment of the Commission. The report shall include, at a minimum, new designations made, progress on survey activities and commission attendance records, as well as budget requests and recommendations.
   (b)    The Commission shall prepare and submit reports of Commission activities to the Historic Preservation officer in the Department of Culture and History as required by administrative regulations promulgated by that agency. Such report shall include a report on all proposed National Register nominations for properties within the boundaries of the Commission's jurisdiction.
(Ord. 20-35. Passed 11-19-20.)
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