Section
Emergency Services
32.001 Definitions
32.002 Policy and purpose
32.003 Emergency Services Organization
32.004 Emergency Services Advisory Council
32.005 Director of Emergency Services: appointment; term; responsibilities
32.006 Director’s powers; duties
32.007 Mutual aid agreements
32.008 Appropriations; authority to accept services, gifts, grants and loans
32.009 Utilization of existing services and facilities
32.010 Political activity prohibited
32.011 Qualifications and oath required of emergency services personnel
32.012 Enforcement; availability of file of orders, rules and regulations
Board of Health
32.025 Board established
32.026 Definitions
32.027 Service area of the Board of Health
32.028 Appointment to and composition of Board; qualification; number of appointees
32.029 Terms of appointment, reappointment, oath of office and the like
32.030 Meetings, attendance and the like
32.031 Powers and duties
32.032 City Health Officer; term of appointment; qualifications and the like
32.033 Powers and duties of Health Officer
32.034 Financial responsibilities of appointing authorities for the Board
Sanitary Board
32.045 Creation; powers and duties; composition
32.046 Officers; compensation and expenses; bond of Treasurer
32.047 Specific powers and duties
32.048 Bylaws
32.049 Additional rules and regulations
32.050 Transfer of real property to Sanitary Board
Planning Commission
32.065 Composition; qualifications
32.066 Appointment; term; expenses
32.067 Powers; duties
Building Commission
32.080 Commission created
32.081 Membership; terms; compensation
32.082 Powers and authority
32.083 Financial obligation
Board of Library Directors
32.095 Established; appointment; qualifications
32.096 Annual meetings; bylaws and regulations; powers and duties
32.097 Board a corporation; vesting of title to bequests or donations
32.098 Use of public library; authority of Board to restrict use
32.099 Fees; fines; sale of materials or equipment; deposit and disbursement of receipts
32.100 Annual report
Kanawha Valley Regional Transportation Authority
32.115 City is participating member
32.116 City representatives on Board of the Authority
32.117 Certain city services to be made available to the Authority
World War I Memorial Commission
32.130 Establishment; goals
32.131 Membership
32.132 Vacancies
32.133 Reimbursement for expenses
32.134 Officers
32.135 Meetings
32.136 Authority to promulgate rules
32.137 Meetings to be public
32.138 Authority to employ
32.139 General authority and powers
32.140 Landmark agreements with property owners
32.141 Notice to County Assessor
32.142 Cooperation with state agencies
Museum Commission
32.155 Establishment; goal
32.156 Governance
32.157 Vacancies
32.158 Officers
32.159 Meetings
32.160 Reimbursement for expenses
32.161 Meetings to be public
32.162 Authority to employ
Historical Preservation Board
32.175 Establishment
32.176 Membership
32.177 Vacancies
32.178 Reimbursement for expenses
32.179 Officers
32.180 Meetings
32.181 Authority to promulgate rules
32.182 Meetings to be public
32.183 Authority to employ
32.184 General authority and powers
32.185 Landmark agreements with property owners
32.186 Notice to County Assessor
32.187 Cooperation with state agencies
Development Authority
32.200 Established
Land Reuse Authority
32.215 Short title
32.216 Purpose
32.217 Definitions
32.218 Creation and existence
32.219 Meetings open to the public; public hearings
32.220 Composition of Board
32.221 Staffing
32.222 Powers of Authority
32.223 Acquisition of property
32.224 Disposition of property
32.225 Financing of the Authority
32.226 Borrowing and issuance of bonds
32.227 Public records and public access
32.228 Dissolution of Authority
32.229 Conflicts of interest
32.230 Expedited quiet title proceedings
32.231 Construction, intent and scope
32.232 Annual audit and report
32.999 Penalty
Statutory reference:
Adoption of comprehensive plan, see W. Va. Code 8A-16-2
Approval of subdivision plats, see W. Va. Code 8A-5-1 et seq.
Authority to establish, see W. Va. Code 8A-1-1
Authority to establish library, see W. Va. Code 8-12-5(38)
Composition of Board, see W. Va. Code 16-13-18
Emergency services, see W. Va. Code Art. 15-5
General provisions, see W. Va. Code Art. 8A-1
Historic landmarks commission, see W. Va. Code Art. 8-26A
Municipal development authorities, see W. Va. Code Art. 7-12
Powers and duties, see W. Va. Code 16-13-3 et seq.
Public libraries, see W. Va. Code Art. 10-1
Publication of financial statement, see W. Va. Code 16-13-18a
Urban Mass Transportation Systems, see W. Va. Code Art. 8-27
Zoning recommendations, see W. Va. Code Art. 8A-7
EMERGENCY SERVICES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMERGENCY SERVICES. The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage or other natural or other human-made causes. These functions include, without limitation, firefighting services, police services, medical and health services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. DISASTER includes the imminent threat of disaster as well as its occurrence and any power or authority exercisable on account of a disaster may be exercised during the period when there is an imminent threat thereof.
LOCAL ORGANIZATION FOR EMERGENCY SERVICES. An organization created in accordance with the provisions of W. Va. Code Article 15-5 by state or local authority to perform local emergency service functions.
MOBILE SUPPORT UNIT. An organization for emergency services created in accordance with the provisions of W. Va. Code Article 15-5 by state or local authority to be dispatched by the Governor to supplement local organizations for emergency services in a stricken area.
POLITICAL SUBDIVISION. Any county or municipal corporation in this state.
(Prior Code, § 109.01)
(A) In view of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, or from fire, flood, earthquakes or other natural or human-made causes and in order to ensure that preparations of this city will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety and to preserve the lives and property of the people of the city, it is hereby found and declared to be necessary:
(1) To create a City Emergency Services Agency;
(2) To confer upon the Mayor and Council and the organization established by this subchapter the emergency powers provided herein;
(3) To provide for the rendering of aid, on a mutual basis, to other communities and local governmental units to the extent authorized or permitted by state and federal laws and regulations, and to the extent of the capabilities of this city; and
(4) To provide cooperation with the state and federal governments with respect to the carrying out of emergency service functions.
(B) It is further declared to be the purpose of this subchapter and the policy of this city, that all emergency service functions of this city be coordinated to the maximum extent with the state government, including its various departments and agencies, with other cities and localities, and with private agencies of every type, to the end that the most effective preparation and use may be made of this city’s manpower, resources and facilities for dealing with any disaster that may occur.
(C) It is further declared to be the purpose of this subchapter and the policy of this city to organize an emergency services organization in conformity with the comprehensive plan and program prepared by the Governor pursuant to W. Va. Code 15-5-5, and as the city is directed to do by W. Va. Code 15-5-8.
(Prior Code, § 109.02)
(A) Pursuant to the provisions of W. Va. Code 15-5-8, there is hereby established the City Organization for Emergency Services, which may be known as the “Nitro Emergency Services Organization”; and which shall consist of the Director of Emergency Services, the Emergency Services Advisory Council and such other members as may be designated in this subchapter or as from time to time may be required and as authorized by Council.
(B) Council shall have general direction and control of the Emergency Services Organization and shall be responsible for carrying out the provisions of this subchapter.
(Prior Code, § 109.03)
Pursuant to the provisions of W. Va. Code 15-5-8, an Emergency Services Advisory Council is hereby established, which shall consist of five residents of the city, appointed by Council to advise the Director on all matters pertaining to emergency services; provided, that not more than three members thereof shall be members of the same political party. Council members shall serve without compensation, but shall be reimbursed for the reasonable and necessary expenses actually incurred in the performance of their duties. Each Council member shall be appointed for a four-year term of office and until his or her successor is duly appointed and qualified; and, to provide for overlapping terms, three members shall be appointed in the month of September in 1975 and every four years thereafter, and two members shall be appointed in the month of September in 1977 and every four years thereafter; and members so appointed shall take office on the first day of the month next following their appointment. Vacancies which occur other than by reason of expiration of term of office shall be filled for the unexpired term only.
(Prior Code, § 109.04)
The Director of Emergency Services, hereinafter in this subchapter referred to simply as “the Director”, shall be appointed by Council, to serve at its will and pleasure. Subject to the direction and control of Council, the Director shall be the executive head of the Emergency Services Organization and shall be directly responsible to Council for the organization, administration and operation of the local emergency services program.
(Prior Code, § 109.05)
(A) The Director shall coordinate the activities of all organizations concerned with any or all phases of emergency services which may exist within this city and shall maintain liaison and cooperate with the emergency services agencies and organizations within the state and within the state government.
(B) The Director, in the performance of his or her duties, is hereby authorized to cooperate with the state government, with other cities and counties in the state and with private agencies in all matters pertaining to emergency services of the city and of the state.
(C) In performing his or her duties under this subchapter, and to effect its policy and purpose, the Director is further authorized and empowered:
(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this subchapter within the limits of the authority conferred upon him or her, with due consideration of the plans of the state and federal governments;
(2) To prepare a comprehensive plan and program for emergency services for this city, such plan and program to be integrated into and coordinated with the plans of the state government, and of other cities and counties within the state to the fullest extent;
(3) In accordance with such plan and program for this city, to procure supplies and equipment, to institute training programs and public information programs and to take all other preparatory steps including the partial or full mobilization of the Organization in advance of actual disaster, to ensure the furnishing of adequately trained and equipped forces of emergency services personnel in time of need;
(4) To make such studies and surveys of the industries, resources and facilities in this city as may be necessary to ascertain the capabilities of the city to provide for emergency services, and to plan for the most efficient emergency use thereof;
(5) On behalf of this city, to enter into mutual aid arrangements with other cities and counties within this state, and also, with the approval of the State Governor, with emergency services agencies or organizations of other states, for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted;
(6) To delegate any administrative authority invested in him or her under this subchapter and to provide for the subdelegation of any such authority; and
(7) To cooperate with the Governor and the state’s Office of Emergency Services and with officials and agencies of other cities and counties within the state, in matters pertaining to the emergency services of the city and state, including the direction or control of:
(a) Blackouts and practice blackouts, air raid drills, mobilization of emergency services forces and other tests and exercises;
(b) Warnings and signals for drills or attacks and the electronic and mechanical services to be used in connection therewith;
(c) The effective screening or extinguishing of all lights and lighting devices and appliances and of all devices emitting electronic signals of any character whatever;
(d) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(e) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, during, prior and subsequent to drills or attack;
(f) Public meetings or gatherings; and
(g) The evacuation and reception of the civilian population.
(Prior Code, § 109.06)
(A) (1) The Director, in collaboration with other public and private agencies within this state, may develop or cause to be developed mutual aid arrangements for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted.
(2) Such arrangements shall be consistent with the state plan and program for emergency services and, in time of emergency, it shall be the duty of the city’s Emergency Services Organization to render assistance in accordance with mutual aid agreements.
(B) The Director may, subject to the approval of the Governor, enter into mutual aid arrangements with emergency services agencies or organizations in other states for reciprocal aid and assistance in case of disaster too great to be dealt with unassisted.
(Prior Code, § 109.07)
(A) Whenever the federal or state government, or any agency or officer thereof, shall offer to this city services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes relating to emergency services, the city, acting with the consent of the Governor and through the Mayor, may accept such offer, and, upon such acceptance, the Mayor may authorize any officer of the city to receive such services, equipment, supplies, materials or funds on behalf of the city, and subject to the terms of the offer and the rules and regulations of any of the agencies making the offer.
(B) Whenever any person shall offer to this city services, equipment, supplies, materials or funds by way of gift or loan, for purposes relating to emergency services, the city, acting through the Mayor, may accept such offer, and, upon such acceptance, the Mayor may authorize any officer of the city to receive such services, equipment, supplies, materials or funds on behalf of the city, and subject to the terms of the offer.
(Prior Code, § 109.08)
In carrying out the provisions of this subchapter, the Director is directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the city to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed to cooperate with and extend such services and facilities to the Director, and to the city’s Emergency Services Organization upon request.
(Prior Code, § 109.09)
(A) No person shall be employed or associated in any capacity in the city’s Emergency Services Organization established under this subchapter, who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this state, or of this city, or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment of information charging any subversive act against the United States.
(B) Each person who is appointed to serve in this Organization for Emergency Services shall, before entering upon his or her duties, take an oath, in writing, before a person authorized to administer oaths in this state, which shall be substantially as follows:
“I, , do solemnly swear or affirm that I will support and defend the Constitution of the United States and the Constitution of West Virginia, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion and that I will well and faithfully discharge the duties upon which I am about to enter.”
“And I do further swear or affirm that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or this state by force or violence and that during such time as I am a member of the (name of organization) I will not advocate or become a member of any political party or organization that advocates the overthrow of the government of the United States or this state by force or violence.”
(Prior Code, § 109.11)
It shall be the duty of the Organization for Emergency Services, established pursuant to this subchapter, and of the officers thereof, to execute and enforce such orders, rules and regulations as may be made by the State Governor pursuant to W. Va. Code Article 15-5, as well as those made by Council and by the Director under authority of this subchapter; and the Director shall maintain in his or her office, or in the office of the City Recorder, a complete file of all such orders, rules and regulations of the Governor which affect or relate to this city or to the city’s Emergency Services Organization and all such orders, rules and regulations of Council and himself or herself, while in effect, and this file shall be open to the public for inspection and use during all regular business hours.
(Prior Code, § 109.12)
BOARD OF HEALTH
The City Council is hereby authorized to create, establish and operate a Municipal Board of Health pursuant to W. Va. Code Chapter 16, Article 2, and other provisions of the state code, as amended, and to be responsible for directing, supervising and carrying out matters relating to the public health of the city. This subchapter establishes provisions applicable to the Municipal Board of Health to ensure the consistent performance of duties relating to basic public health services and other health services and the enforcement of the laws of this state and city pertaining to public health.
(Ord. 11-1, passed 1-4-2011)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC PUBLIC HEALTH SERVICES. Those services the Municipal Board of Health is required to provide to protect the health of the public including:
(1) Communicable and reportable disease prevention and control;
(2) Community health promotion; and
(3) Environmental health protection.
BUREAU. The Bureau for Public Health of the Department.
CITY. The City of Nitro, West Virginia.
CITY COUNCIL. The City Council of the City of Nitro.
CITY HEALTH DEPARTMENT. The staff and facilities of the Municipal Board of Health.
CITY HEALTH OFFICER. The individual physician with a current West Virginia license to practice medicine, who supervises and directs the activities of the City Health Department services, staff and facilities and is appointed by the Municipal Board of Health with approval by the Commissioner.
CITY OF NITRO BOARD OF HEALTH, MUNICIPAL BOARD OF HEALTH, MUNICIPAL BOARD or BOARD. A Board of Health created by the City Council and serving the city.
COMMISSIONER. The Commissioner of the Bureau for Public Health, who is the State Health Officer.
COMMUNICABLE AND REPORTABLE DISEASE PREVENTION AND CONTROL. Includes disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases.
COMMUNITY HEALTH PROMOTION. Includes assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities, and monitoring the progress of community health education services.
DEPARTMENT. The West Virginia Department of Health and Human Resources.
DIRECTOR or DIRECTOR OF HEALTH. The State Health Officer.
ENHANCED PUBLIC HEALTH SERVICES. Services that are provided by the Municipal Board of Health that focus on health promotion activities to address a major health problem in the city, are targeted to a particular population and assist individuals in the city to access the health care system, such as lead and radon abatement for indoor air quality and positive pregnancy tracking.
ENVIRONMENTAL HEALTH PROTECTION. Includes efforts to protect the city from environmental health risks, including, inspection of housing, institutions, recreational facilities, sewage and wastewater facilities; inspection and sampling of drinking water facilities; and response to disease outbreaks or disasters.
PERFORMANCE-BASED STANDARDS. Generally accepted, objective standards such as rules or guidelines against which the City Health Department’s level of performance can be measured.
PRIMARY CARE SERVICES. Health care services, including medical care, that emphasize first contact patient care and assume overall and ongoing responsibility for the patient in health maintenance and treatment of disease. PRIMARY CARE SERVICES are services that the Municipal Board of Health may offer if that Board has determined that an unmet need for primary care services exists in its service area.
PROGRAM PLAN or PLAN OF OPERATION. The annual plan the Municipal Board of Health is required to submit to the Commissioner for approval.
SECRETARY. The Secretary of the Department.
SERVICE AREA. The territorial jurisdiction of the Municipal Board of Health.
(Ord. 11-1, passed 1-4-2011)
The Municipal Board of Health shall be composed of five members selected and appointed by vote of the City Council. Each member appointed to the Municipal Board of Health shall be a resident of the city. No more than two members who reside in the same municipal ward may be appointed and no more than two members may be appointed who are personally licensed or certified in, engaged in or actively participating in the same business, profession or occupation. No more than three members of the Municipal Board of Health may belong to the same political party.
(Ord. 11-1, passed 1-4-2011)
(A) The term of office for members selected and appointed to the Municipal Board of Health shall be five years. Members may serve until their duly qualified successors are selected and appointed by vote of the City Council. Members may be reappointed for additional terms of five years. Board members’ oaths of office shall be duly recorded before entering into or discharging any duties of the office.
(B) Any vacancy on the Municipal Board of Health shall be filled by appointment by the City Council. This appointment shall be for the unexpired term.
(C) The Municipal Board of Health may remove any of its members pursuant to the provisions of its lawfully adopted bylaws and shall remove any of its members for official misconduct, incompetence, neglect of duty, gross immorality or the revocation of any state professional license or certification. The Municipal Board of Health, or any of its members, may be removed by the State Health Officer for failure or refusal to comply with duties as set forth by statute or rule. Upon removal, a successor or successors to the member or members removed shall immediately be appointed by the City Council.
(D) The Municipal Board of Health shall determine the compensation each member may receive for attending meetings of, and other activities for, the Board as required by law; provided, that this compensation may not exceed $100 per day. Each member of the Municipal Board of Health may be reimbursed for all reasonable and necessary travel and other expenses actually incurred by the member in the performance of duties as a member of the Municipal Board.
(Ord. 11-1, passed 1-4-2011)
(A) The Municipal Board of Health may meet as often as necessary to orderly and efficiently execute its duties and exercise its powers; provided, that the Board shall meet no fewer than four times per year. Members of the Municipal Board of Health shall attend Board meetings in compliance with attendance policies established by its bylaws or rules.
(B) The Municipal Board of Health is authorized to and shall adopt and may amend bylaws or rules governing the time and place of its regular meetings, procedures and method of conducting its meetings, including quorum, meeting attendance policies, requirements for written minutes and Board actions as public records, duties and election process for officers, process for filling Board vacancies, number, duties, tenure and eligibility of members, and any other matters affecting how the Board is organized to perform its duties. A quorum of the Board for transacting business is a simple majority of the constituent membership of the Board.
(C) The Municipal Board of Health, pursuant to its bylaws, shall elect from its members a Chairperson. The Chairperson shall serve for a term of one year and may be reelected for additional terms. The Chairperson may, on behalf of the Board, sign documents, execute contracts and otherwise act for and in the name of the Board in all matters within its lawful powers and as duly authorized by a majority of the Board members.
(Ord. 11-1, passed 1-4-2011)
(A) The Municipal Board of Health shall:
(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards:
(a) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community’s priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;
(b) Environmental health protection, including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the Commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions and recreation; and
(c) Communicable or reportable disease prevention and control, including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases.
(2) Appoint a City Health Officer to serve at the will and pleasure of the Municipal Board of Health with approval of the Commissioner;
(3) Submit a general plan of operation to the Commissioner for approval. This program plan shall be submitted annually and comply with provisions of the Municipal Board of Health standards administrative rule;
(4) Provide equipment and facilities for the City Health Department that are in compliance with federal and state law;
(5) Permit the Commissioner to act by and through it, as needed; provided, that the Commissioner may enforce all municipal ordinances of the Board’s service area relating to public health, and the rules and orders of the Municipal Board of Health within the service area of the Municipal Board of Health; provided however, that the Commissioner may enforce the laws, rules and orders when, in the opinion of the Commissioner, a public health emergency exists or when the Municipal Board of Health fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health;
(6) Deposit all moneys and collected fees into a city account designated for Municipal Board of Health purposes;
(7) Submit vouchers or other instruments approved by the Municipal Board of Health and signed by the City Health Officer or designated representative to the City Treasurer for payment of necessary and reasonable expenditures from the city public health funds;
(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties assigned by city ordinance consistent with state public health laws; and
(10) Enforce the public health laws of this state and any other laws of this state applicable to the Municipal Board of Health.
(B) The Municipal Board of Health may:
(1) Provide primary care services, clinical and categorical programs and enhanced public health services;
(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the Municipal Board of Health. Staff and any contractors providing services to the Municipal Board of Health shall comply with applicable state certification and licensure requirements. Eligible staff employed by the Municipal Board of Health shall be covered by the rules of the division of personnel under W. Va. Code Art. 16-2; however, the Municipal Board of Health may, in the alternative and with the consent and approval of the City Council, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the Municipal Board of Health by its order, subject to the approval of the City Council, adopting and making applicable to the Municipal Board of Health, all or any portion of any order, rule, standard or compensation rate in effect in the state merit system as may be desired and as is properly applicable;
(3) Adopt and promulgate, and from time to time amend, rules consistent with state public health laws and the rules of the Department that are necessary and proper for the protection of the general health of the city and the prevention of the introduction, propagation and spread of disease. All rules shall be filed with the City Recorder and shall be kept by the recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses for the provision of public health services in accordance with state law;
(6) Assess, charge and collect fees for services provided by the City Health Department; provided, that fees for services shall be submitted to and approved by the Commissioner;
(7) Contract for payment with any municipality, Kanawha County or Putnam County, or the board of education for Kanawha County or Putnam County for the provision of health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats; provided, that this division (B)(8) is not intended to conflict with the provisions of W. Va. Code 17C-15-46.
(C) The Municipal Board of Health is charged with protecting the health and safety, as well as promoting the interests of the citizens of the city and state. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.
(Ord. 11-1, passed 1-4-2011)
(A) The Municipal Board of Health shall appoint a full-time or part-time City Health Officer with approval by the Commissioner. The City Health Officer shall be a physician currently licensed in this state and knowledgeable in the science of public health. The City Health Officer serves at the will and pleasure of the Municipal Board of Health for a term of one year and is eligible for reappointment at compensation determined by the Municipal Board of Health.
(B) The City Health Officer may be removed from office by the Commissioner if the City Health Officer fails or refuses to carry out the lawful orders or rules of the Secretary in the event the Commissioner determines a public health emergency exists or if the City Health Officer fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of communicable or reportable diseases dangerous to the public health. Upon removal, a successor City Health Officer shall immediately be appointed by the Municipal Board of Health pursuant to the provisions of the state code.
(Ord. 11-1, passed 1-4-2011)
(A) The City Health Officer serves as the executive officer of the Municipal Board of Health and under its supervision. The City Health Officer shall administer the provisions of the state code, all other laws of this state and the rules and orders of the Secretary relating to public health and applicable to the Municipal Board of Health’s service area, municipal ordinances of the Municipal Board of Health’s service area relating to public health and the rules and orders of the Municipal Board of Health.
(B) The City Health Officer has the following additional powers and duties which may be delegated with the approval of the Board:
(1) To attend Municipal Board of Health meetings as a nonvoting member. The City Health Officer serves as Secretary at all Board meetings and is responsible for maintaining the Municipal Board of Health’s offices, meeting minutes and records;
(2) To supervise and direct the activities of the Municipal Board of Health’s health services, employees and facilities;
(3) To ensure that procedures are established for the receipt of communicable or reportable disease reports from local physicians and other reporting sources and for the transmittal of the reports to the Commissioner;
(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the Municipal Board of Health
(Ord. 11-1, passed 1-4-2011)
(A) The City Council shall provide financial support for the operation of the City Health Department. The City Council may levy a municipal tax to provide funds for the Municipal Board of Health; provided, that the tax may not exceed $0.03 on each $100 of assessed valuation of the taxable property in the city, according to the latest assessment.
(B) The City Council may appropriate and spend money from the city’s general funds for public health purposes and pay the expenses of the operation of the Municipal Board of Health services and facilities.
(Ord. 11-1, passed 1-4-2011)
SANITARY BOARD
(A) There is hereby created in and for the city a Sanitary Board, which shall be charged with the custody, supervision, control, administration, operation and maintenance of the municipal sewage system, all as permitted and provided by W. Va. Code Article 16-13. The Sanitary Board shall be composed of the Mayor and two persons appointed by Council, one of whom shall be a registered professional engineer; provided, that when no city sewer is under construction, a registered professional engineer need not be a member of the Board. The two appointed members of the Board shall each serve for a term of three years and until his or her successor is duly appointed and has qualified, and vacancies shall be filled for the unexpired term only.
(B) No officer or employee of the city, whether holding a paid or unpaid office or position, shall be eligible to appointment on the Sanitary Board until at least one year after the expiration of the term of his or her public office or employment, and no person whose interest could be construed as inconsistent with the best interests of the city shall be allowed to serve as a member of the Sanitary Board.
(Prior Code, § 147.01)
(A) The Mayor shall act as Chairperson of the Sanitary Board, which shall elect a Vice Chairperson from its members and shall designate a Secretary and a Treasurer (but the Secretary and Treasurer may be one and the same), who need not be a member or members of the Sanitary Board. The Vice Chairperson, Secretary and Treasurer shall hold office as such at the will of the Sanitary Board. The Chairperson and other members of the Sanitary Board shall receive such compensation as may be provided for them, respectively, by Council, and each shall be entitled to payment by the city for his or her reasonable expenses incurred in the performance of his or her duties.
(B) The Secretary and Treasurer, or the Secretary-Treasurer, as the case may be, shall be paid such reasonable compensation for services as from time to time may be fixed by Council; and the Treasurer shall give bond, with qualified corporate surety, in the amount of $15,000 conditioned for the proper application of all money received by him or her as such for the faithful performance of the duties of his or her office.
(C) All compensation and all expenses incurred by the Sanitary Board, its officers and employees, shall be paid solely from funds authorized to be collected and received by the Board as provided by W. Va. Code Article 16-13.
(Prior Code, § 147.02)
(A) The construction, acquisition, improvements, equipment, custody, operation, maintenance and administration of all works for the collection, treatment or disposal of sewage within the city and in the sanitary district which shall be acquired, constructed, operated or maintained by the Sanitary Board, the employment of all engineers, architects, inspectors, superintendents, managers, collectors, attorneys and other employees in the judgment of the Board necessary to the execution of its powers and duties, and the collection of all revenues from the works acquired, constructed, operated or maintained by it, shall be under the supervision and control of the Sanitary Board.
(B) In addition to the authority and powers granted to the Sanitary Board by this subchapter, the Sanitary Board shall be invested with all other powers and authorities provided for such Board by W. Va. Code Article 16-13.
(Prior Code, § 147.03)
In addition to the specific authority granted by this subchapter, the Sanitary Board shall make and enforce such other rules and regulations, subject to the approval of Council, for the safe, economical and efficient management, control and protection of the city’s public sewerage system, for the construction and use of all other connections thereto, and for the regulation, collection, rebating and refunding of such sewage service charges as may be needful or necessary from time to time; provided, that such rules and regulations shall not become effective until they have been approved by Council by ordinance or resolution and spread upon the records of Council, as notice to the public of the provisions thereof.
(Prior Code, § 147.05)
The City Council hereby authorizes the city to abandon and transfer to the city’s regional wastewater utility, formerly known as the Nitro Sanitary Board, the following described real property for a new pump station No. 7:
Being a parcel or tract of land situated on Valley Avenue along the waters of the Kanawha River, Nitro Corporation District, Kanawha County, West Virginia, to which a more particular description is made, to-wit:
Beginning at a point along the western right-of-way line of Fifth Street marking the intersection with the southern right-of-way line of Valley Avenue; thence, with southern right-of-way line of said Valley Avenue;
N 77°50'36" W 132.00 feet to a point; thence crossing said Valley Avenue;
N 11°53'10" E 25.00 feet to a point in the common right-of-way line of Valley Avenue and West Virginia State Route 25; thence along said right-of-way line;
S 77°50'36" E 132.00 feet to a point in the western right-of-way line of the aforesaid Fifth Street; thence with the said right-of-way line of Fifth Street; and
S 11°53'10" W 25.00 feet to the Point of Beginning, containing 3,300 square feet or 0.075 acres.
(Ord. passed 11-3-2009; Ord. passed 11-7-2017)
PLANNING COMMISSION
(A) The Planning Commission shall consist of ten members, all of whom shall be residents of the city, who shall be qualified by knowledge and experience in matters pertaining to the development of the city, and the membership shall include representatives in business, industry and labor.
(B) Three-fifths of all members of the Planning Commission shall have been residents of the city for at least one year prior to their nomination. One member of the Planning Commission shall be the Mayor, who shall be ex officio Chairperson, and one member of the Commission shall be a Council member.
(Prior Code, § 149.01)
(A) (1) The members of the Planning Commission shall be nominated by the Mayor and confirmed by Council. The terms of the Council member and the Mayor shall be coextensive with the terms of office to which they have been elected unless the Mayor and Council, at the first regular meeting of each year, appoint others to serve as the city’s representatives. The remaining members of the Commission shall serve respectively for terms of three years.
(2) Vacancies shall be filled by appointment for the unexpired term only.
(3) Members of the Planning Commission shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties.
(B) The members of the Planning Commission, other than the Mayor and Council member, shall be appointed as follows: during the month of January, 1976, and every three years thereafter, four members shall be appointed; during the month of January, 1977, and every three years thereafter, four members shall be appointed; and each member so appointed shall take office on February 1 in the year of his or her appointment.
(Prior Code, § 149.02)
The Planning Commission shall have all the powers, rights, duties, immunities, privileges and responsibilities, and shall be subject to all limitations and liabilities relating to municipal planning commissions, as provided in W. Va. Code 8A-1-1 et seq.
(Prior Code, § 149.03)
BUILDING COMMISSION
There is created, pursuant to W. Va. Code Chapter 8, Article 33, a Municipal Building Commission to be known as the “city’s Building Commission”, which shall be a public corporation having perpetual existence and, except as hereinafter expressly limited, shall have all of the power and authority provided in W. Va. Code Chapter 8, Article 33 for such a Commission.
(Ord. 17-1, passed 1-3-2017)
(A) All property, powers and duties and the management and control of the city’s Building Commission shall be vested in a Board consisting of representatives, to be known as Commissioners, appointed by the City Council. Such Board shall consist of three members, each to be appointed for a term of five years except for the initial appointments, which shall be made as follows:
(1) The first Commissioner appointed shall serve a term of one year from the date this section becomes law;
(2) The second Commissioner appointed shall serve a term of two years from the date this section becomes law; and
(3) The third Commissioner appointed shall serve a term of three years from the date this section becomes law.
(B) As the term of each such initial appointee expires, the successor to fill the vacancy created by such expired term shall be appointed for a term of five years. If any Commissioner appointed under this section fails or refuses to qualify within 20 days of appointment or if the position of any Commissioner becomes vacant for any reason prior to the expiration of his or her term of office, a successor shall be appointed by the City Council to complete the unexpired portion of such term.
(C) Each Commissioner, at the time of his or her appointment, shall be a resident of the city. No Commissioner shall receive any compensation for his or her services as such, but each member shall be reimbursed by the City Building Commission for any reasonable and necessary expenses actually incurred in the discharge of his or her duties as a member of the Board.
(Ord. 17-1, passed 1-3-2017)
Subject to the procedures and limitations set forth in this section, the city’s Building Commission shall have plenary power and authority to:
(A) Sue and be sued;
(B) Contract and be contracted with;
(C) Adopt, use and alter a common seal;
(D) Make and adopt all necessary, appropriate and lawful bylaws and rules and regulations pertaining to its affairs;
(E) Elect such officers, appoint such committees and agents, and employ and fix the compensation of such employees and contractors as may be necessary for the conduct of the affairs and operations of the city’s Building Commission;
(F) Acquire, purchase, own and hold any property, real or personal, and acquire, construct, equip, maintain and operate public buildings, structures, projects and appurtenant facilities, of any type for which the City Council is permitted by law to expend public funds;
(G) Apply for, receive and use grants-in-aid, donations and contributions from any source, including, but not limited to, the United States or any of its departments or agencies, and accept and use bequests, devises, gifts and donations from any source whatsoever;
(H) Sell, encumber or dispose of any property, real or personal;
(I) Issue negotiable bonds, notes, debentures or other evidences of indebtedness and provide for the rights of the holders; incur any proper indebtedness; and issue any obligations and give any security which it may deem necessary or advisable in connection with exercising powers as provided in this division;
(J) Raise funds by the issuance of revenue bonds in the manner provided by the applicable provisions of W. Va. Code 8-16-1 et seq., without regard, to the extent provided in W. Va. Code 8-33-5, to the limitations specified in W. Va. Code 8-33-5, it being hereby expressly provided that for the purpose of the issuance and sale of revenue bonds, the city’s Building Commission is a governing body as that term is used in W. Va. Code 8-33-5 only;
(K) Exercise the power of eminent domain in the manner provided in W. Va. Code 54-1-1 et seq. for business corporations, for the purposes set forth in division (F) above, which purposes are declared to be public purposes for which private property may be taken or damaged;
(L) Lease its property or any part of its property, for public purposes, to such persons and upon such terms as the city’s Building Commission deems proper, but when the city is the lessee under any such lease, such lease must contain a provision granting to the city the option to terminate such lease during any fiscal year covered by the lease; and
(M) Do all things reasonable and necessary to carry out the powers specified in this section.
(Ord. 17-1, passed 1-3-2017)
BOARD OF LIBRARY DIRECTORS
(A) As soon as may be practicable within three months after the effective date of this code, Council shall establish a Board of Library Directors by appointing five Library Directors, chosen from the citizens at large, with reference to their fitness for such office; and such appointments shall be made so that one Director’s term shall expire on the next following July 1, and so that the terms of the other four Directors shall expire successively, one at a time, on the four next following July 1; provided, that each Director so appointed shall serve until his or her successor is appointed and qualified. During the month of May or June next preceding the expiration of the term of the Director initially appointed to serve only until July 1 next following his or her appointment, and annually thereafter, during the month of May or June, Council shall appoint one Director to take office on July 1 in the year of his or her appointment, who shall serve for a term of five years and until his or her successor is appointed and qualified. Vacancies in the Board shall be immediately reported by the Board to Council, and filled by appointment in like manner, and, if an unexpired term, for the remainder of the term only. A Director may be removed for just cause in the manner provided by the bylaws of the Library Board. No compensation shall be paid or allowed any Director.
(B) Council hereby designates the Mayor as an ex officio member of the city’s Library Board.
(Prior Code, § 151.01) (Ord. 87-6, passed 9-15-1986)
The Board of Library Directors shall:
(A) Immediately after appointment, meet and organize by electing one member as President and one as Secretary, and such other officers as may be necessary. All officers shall hold office for one year and shall be eligible for re-election;
(B) Adopt such bylaws, rules and regulations as are necessary for its own guidance and for the administration, supervision and protection of the library and all property belonging thereto as may not be inconsistent with the provisions of this subchapter;
(C) Supervise the expenditure of all money credited to the Library Fund. All money appropriated or collected for public library purposes shall be deposited in the treasury of the city to the credit of the Library Fund, to be paid out on the certified requisition of the Library Board, in the manner provided by law or this code for the disbursement of other funds of the city, or shall be deposited as the library’s Board of Directors shall direct and be disbursed by the officer designated by that Board, such officer, before entering upon his or her duties, to give bond payable to and in an amount fixed by the Board of Directors of the library, conditioned for the faithful discharge of his or her official fiscal duties. The cost of such bond shall be paid from the Library Fund. The books, records and accounts of the Library Board shall be subject to audit and examination by the office of the State Tax Commissioner;
(D) Lease or purchase and occupy suitable quarters, or erect upon ground secured through gift or purchase, an appropriate building for the use of such library; and have supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for library purposes; and
(E) Employ a head librarian and, upon his or her recommendation, employ such other assistants as may be necessary for the efficient operation of the library.
(Prior Code, § 151.02)
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