(a) Liens. Liens may be filed in the Office of the Clerk of the County Commission of Greenbrier County on real property located within the municipal corporate limits for unpaid and delinquent municipal services, or for any other fee or charge for which a lien may from time to time be authorized by the provisions of West Virginia Code §8-13-13(d). Before any lien is filed, the Treasurer shall give the property owner written notice by certified mail, return receipt requested, that the City of Lewisburg will file a lien unless the amount of the delinquency stated in the notice is paid in full by the date stated. The date stated in the notice of lien shall be no less than ninety days from the date the notice is mailed.
The amount of the delinquency stated in the notice of lien shall become final and conclusive and not subject to administrative or judicial review unless the property owner takes one of the following steps:
(1) The property owner remits to the City of Lewisburg the total amount of the delinquency stated in the notice of lien. The timely payment of the amount of the delinquency stated in the notice of lien does not prohibit the property owner from filing a petition for review.
(2) The property owner timely files a petition for review of the notice of lien requesting an administrative hearing as hereinafter set forth.
(b) Administrative Review Procedure. The property owner may file a petition for review of the notice of lien requesting an administrative hearing before the Judge of the Municipal Court. The petition for review must be filed with the Municipal Court Clerk on or before 3:00 p.m. prevailing time within thirty days of the date of the mailing of the notice of lien. If the 30th day shall fall on a Saturday, Sunday or legal holiday, the filing period shall be extended to 3:00 p.m. prevailing time on the next regular business day. The petition for review must be in writing and verified under oath by the property owner. The petition for review must set forth with particularity the items of the notice objected to or contested and the petition for review must further state the reasons for each objection or contested fact. Fairness and equity shall not be issues. The petition for review must state an address of the property owner for purposes of service of all papers and hearing notices. The petition for review must set out a copy of the notice of lien or have a copy of the notice of lien attached.
(1) Upon the timely filing of a petition for review, the Municipal Court Clerk shall assign the petition for review a case number.
(2) The property owner at the time of filing the petition for review must serve a copy of the petition for review upon the Treasurer of Lewisburg.
(3) The Treasurer shall have twenty (20) days from the date of receipt of the petition for review to file an answer with the Municipal Court Clerk stating the nature of the case, the facts relied upon by the Treasurer and an answer to each question presented for review. The Treasurer shall serve a copy of the answer upon the property owner.
(4) Upon receipt of the answer, the Municipal Court Clerk shall assign a time and place for an administrative hearing before the Judge of the Municipal Court and shall provide written notice of the hearing to the Treasurer and to the property owner at the address provided in the petition for review.
(5) The administrative hearing before the Judge of the Municipal comi is heard de novo, however, fairness and equity shall not be issues. The burden of proof shall be on the property owner. The decisions of the Judge of the Municipal Court shall be in writing and contain a statement of findings of material fact and conclusions of law. The Judge of the Municipal Court has authority to affirm, reverse, modify, or vacate the decision to record a
proposed lien. All decisions of the Judge of the Municipal Court must be issued within a reasonable time, not to exceed thirty (30) days from the close of the hearing. Unless a timely appeal is taken to the Circuit Court of Greenbrier County, the administrative decision of the Judge of the Municipal Court shall be final and conclusive and not subject to additional review.
(c) Appeal To The Circuit Court. Either the property owner or the Treasurer may petition for appeal of the decision of the Judge of the Municipal Court to the Circuit Court of Greenbrier County, West Virginia within thirty (30) days of the date of mailing of the notice of final decision. In addition to filing the petition for appeal with the Circuit Court, a copy of the petition must be filed with the Municipal Court Clerk and served on all parties appearing before the Judge of the Municipal Court. Upon appeal, the Municipal Court Clerk shall transmit the entire record of the proceeding to the Clerk of the Circuit Court. The Circuit Court shall make a decision on the record below. New testimony may only be taken in cases of an alleged irregularity in procedure. The Circuit Court may allow oral argument and may require written briefs.
(d) General Provisions:
(1) No municipal services fee, collection costs, legal fees, interest or related costs shall be subject to challenge greater than five years after the earlier of the date of billing or the date of service.
(2) Upon the expiration of ninety days from the date stated in the notice of lien and upon entry of a favorable final order by the Judge of the Municipal Court, notwithstanding any appeal to the Circuit Court, the Treasurer may record an appropriate lien unless a stay of the recordation of said lien is entered by the Circuit Court.
(3) All time limitations provided for herein are jurisdictional and exclusive.
(e) Severability. If any provision of this Ordinance or the application thereof shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Ordinance, but shall be confined in its operation to the provision therein directly involved in the controversy in which such judgment shall have been rendered, and the applicability of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 246. Passed 7-15-14.)