(A) Lien for unpaid and delinquent fire, police or street fees. The city may, pursuant to the procedures established in this section, place a lien upon real property located within the corporate limits of the city for unpaid and delinquent fire, police or street fees. This section shall apply to existing fire, police or street fees, and any such fees which may be enacted or amended by ordinance in the future.
(B) Notice of assessment; petition for reassessment. The City Manager shall give the property owner written notice of any assessment for unpaid and delinquent fees made pursuant to this section. A notice of assessment and intent to file lien shall be served on the property owner, either personally or by certified mail, return receipt requested. The aforesaid notice shall state the amount of the delinquency, that the city will file a lien against the property unless the delinquency is paid in full within said 90 days, and also state that the property owner has the right to petition for a reassessment. A copy of this section shall be attached to said notice. Unless the property owner, to whom the notice of assessment and intent to file lien is given, shall within 90 days after service thereof, pay the delinquency in full, or file with the City Manager a petition for reassessment in writing verified under oath by the property owner or his or her duly authorized agent having knowledge of the facts, setting forth with particularity the items of the assessment objected to, together with the reasons for the objections; then the assessment shall become final and not subject to administrative or judicial review. A lien may be filed in the office of the Clerk of the County Commission on the day following the date upon which the assessment becomes final.
(C) Hearing procedure; administrative decision.
(1) When a petition for reassessment provided in division (B) above is filed within the time prescribed for such filing, the City Manager shall assign a time and a place for a hearing thereon and shall notify the petitioner of such hearing by written notice at least 20 days in advance thereof. Such hearing shall be held within 90 days from the date of filing the petition, unless continued by agreement of the parties or by the City Manager for sufficient cause.
(2) The hearing shall be informal and shall be conducted in an impartial manner by the City Manager or a hearing examiner designated by the City Manager. The burden of proof shall be upon the property owner to show that the assessment is incorrect and contrary to law, in whole or in part. After such hearing, the City Manager shall, within a reasonable time, give notice in writing to the property owner, either personally or by certified mail, return receipt requested, of the City Manager’s decision.
(D) Judicial review. An appeal may be taken by the property owner to the Circuit Court of the county within 60 days after service of the City Manager’s administrative decision issued pursuant to division (C) above.
(E) Release of lien. The City Manager, upon payment in full of the delinquency, shall forward a receipt showing payment in full and a release of lien to the property owner. The release shall be in recordable form.
(Ord. passed 9-14-2009)
Statutory reference:
Related provisions, see W.Va. Code § 8-13-13