(a) Power to Issue. For the efficient administration of the powers vested in the City Treasurer by this article, and to facilitate determination or collection of tax under this article, the City Treasurer or his delegate, with the concurrence of the City Attorney, shall have the power to issue subpoenas and subpoenas duces tecum in the name of the City, and compel the attendance of witnesses and the production of books, papers, records, documents and testimony at the time and place specified. The City Treasurer, or his delegate, may exercise such power in the name of the City upon request of any person who is a party in any hearing to be held under the provisions of this article for purposes of such hearing.
(b) Service. Every such subpoena and subpoena duces tecum shall be served at least five days before the return date thereof, by either personal service made by any person over eighteen years of age, or by registered or certified mail, but a return receipt signed by the person to whom subpoena or subpoena duces tecum is directed shall be required to prove service by registered or certified mail. Any party requesting a subpoena or subpoena duces tecum is responsible for service thereof and payment of any fee for such service. Service of other subpoenas or subpoenas duces tecum shall be the responsibility of the City Treasurer or his delegate. Any person, except a person in the employ of the City, or any party, who serves any such subpoena or subpoena duces tecum shall be entitled to the same fee as sheriffs who serve witness subpoenas for the circuit courts of this State.
(c) Motion to Quash. Upon motion made promptly, and in any event before the time specified in a subpoena or subpoena duces tecum for compliance therewith, the circuit court of the county in which the hearing is to be held or the circuit court of the county in which the person upon whom any such subpoena or subpoena duces tecum was served resides, has his or its principal place of business or is employed, or the circuit court of the county in which any such subpoena or subpoena duces tecum was served, or the judge of such circuit court in vacation, may grant any relief with respect to any such subpoena or subpoena duces tecum which any such circuit court, under the “West Virginia Rules of Civil Procedure for Trial Courts of Record” could grant, and for any of the same reasons, with respect to any such subpoena or subpoena duces tecum issued from any such circuit court.
(d) Enforcement of Compliance. In case of disobedience or neglect of any subpoena or subpoena duces tecum served on any person, or the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, the Circuit Court of Kanawha County, upon application by the City Treasurer, with concurrence of the City Attorney, may compel obedience by attachment proceedings for contempt as in the case of disobedience of the requirements of a subpoena or subpoena duces tecum issued from such Circuit Court for a refusal to testify therein.
(e) Testimony Under Oath. Witnesses subpoenaed under this section shall testify under oath or affirmation.
(Ord. 2001. Passed 2-7-02.)
(Ord. 2001. Passed 2-7-02.)