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Saint Albans Overview
Codified Ordinances of St. Albans, WV
CODIFIED ORDINANCES OF THE CITY OF ST. ALBANS, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 82-24
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
SECTION 1. CHARTER POWERS AND SOURCE OF AUTHORITY.
SECTION 2. MUNICIPAL POWERS GENERALLY.
SECTION 3. CORPORATE BOUNDARIES.
SECTION 4. OFFICERS AND EMPLOYEES GENERALLY.
SECTION 5. COUNCIL AS GOVERNING BODY.
SECTION 6. ELIGIBILITY TO OFFICE.
SECTION 7. DECLARING VACANCY IN OFFICE.
SECTION 8. FILLING VACANCY IN OFFICE.
SECTION 9. REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.
SECTION 10. SALARIES OF OFFICERS AND EMPLOYEES.
SECTION 11. POWERS AND DUTIES OF OFFICERS GENERALLY; OFFICERS' BONDS.
SECTION 12. COUNCIL MEETINGS; QUORUM, ETC.
SECTION 13. OFFICIAL RECORDS GENERALLY.
SECTION 14. MINUTES OF COUNCIL MEETINGS.
SECTION 15. ORDINANCES REQUIRED IN CERTAIN CASES.
SECTION 16. ORDINANCE PROCEDURE.
SECTION 17. WARDS GENERALLY.
SECTION 18. WARDS AND VOTING PRECINCTS ESTABLISHED.
SECTION 19. ELECTIONS.
SECTION 20. NOMINATION OF OFFICERS.
SECTION 21. NEW PARTIES.
SECTION 22. QUALIFIED PARTIES.
SECTION 23. INITIATIVE AND REFERENDUM.
SECTION 24. RECALL,
SECTION 25. DUTIES OF THE MAYOR AND VICE MAYOR; CLERK AS ACTING MAYOR; MAYOR PRO TEM.
SECTION 26. DUTIES OF THE MANAGER.
SECTION 27. DUTIES OF THE CLERK; CLERK'S BOND.
SECTION 28. QUALIFICATIONS AND DUTIES OF THE TREASURER; TREASURER'S BOND.
SECTION 29. DUTIES OF THE CITY ATTORNEY.
SECTION 31. CHIEF OF POLICE AND POLICE OFFICERS.
SECTION 32. FIRE DEPARTMENT.
SECTION 33. HEALTH COMMISSIONER AND BOARD OF HEALTH.
SECTION 34. QUALIFICATIONS AND DUTIES OF THE ENGINEER.
SECTION 35. LIBRARY BOARD.
SECTION 36. PARK BOARD.
SECTION 37. SEWER BOARD.
SECTION 38. NEW ADDITIONS AND SUBDIVISIONS.
SECTION 39. PUBLIC WAYS.
SECTION 40. TAXATION.
SECTION 41. CLAIMS AGAINST THE CITY.
SECTION 42. IMMUNITY OF ELECTIVE OFFICERS.
SECTION 43. PUBLIC IMPROVEMENTS.
SECTION 44. SEVERABILITY.
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FOUR - MUNICIPAL HOME RULE
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 - BUILDING AND HOUSING CODE
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SECTION 11. POWERS AND DUTIES OF OFFICERS GENERALLY; OFFICERS' BONDS.
   The Council shall prescribe the powers and define the duties of all officers, except so far as the same are by this Charter defined, and may require and take from them respectively, bonds payable to the City in its corporate name, with such securities and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties.
SECTION 12. COUNCIL MEETINGS; QUORUM, ETC.
   The Council shall fix the place and time for holding its regular meetings, one of which shall be held each month; may provide for special and adjourned meetings; shall have power to compel the attendance of its members; and may prescribe rules and regulations not inconsistent with the provisions of this Charter, for the transaction of business and for its own guidance and government. A majority of the Council elected shall be necessary to constitute a quorum for the transaction of business. Upon call of any member, the yeas and nays on any question shall be taken and recorded in the Council Record. No member of the Council shall vote upon, or take part in the consideration of any proposition in which he is or may be interested otherwise than as a resident of the City. It is recommended that each meeting of the Council be opened by a prayer.
SECTION 13. OFFICIAL RECORDS GENERALLY.
   The Council shall cause to be kept by the Clerk, in a well bound book to be called the "Council Record", an accurate record of all of its proceedings, ordinances, acts, orders and resolutions, and in another to be called the "Ordinance Book, " accurate copies of all the ordinances adopted by the Council, except ordinances concerning public improvements. Both of the books shall be fully indexed and open to the inspection of anyone required to pay taxes to the City or who may be otherwise interested. All oaths and bonds of officers of the City and all papers of the Council shall be endorsed, filed and securely kept by the Clerk, except the bond of the Clerk, which shall be filed with the Mayor. All printed copies of such ordinances purporting to be published, under authority of the Council, and transcripts of such ordinances, acts, orders and resolutions, certified by the Clerk under the seal of the City, shall be deemed prima facie correct, when sought to be used as evidence in any court or before any justice.
SECTION 14. MINUTES OF COUNCIL MEETINGS.
   At each meeting of the Council the minutes of the proceedings at the last meeting shall be read, and if erroneous, corrected, and signed by the then presiding officer.
SECTION 15. ORDINANCES REQUIRED IN CERTAIN CASES.
   In the following enumerated cases the action of the Council shall be by ordinances:
   (1)    Levying taxes or providing for the collection of fees of any kind;
   (2)    Requiring a license to do business;
   (3)    Relating to offenses and penalties;
   (4)    Authorizing the issuance of bonds or other forms of indebtedness;
   (5)    Providing for a public improvement;
   (6)    Providing for the purchase of private property by the City or for the sale of property belonging to the City;
   (7)    Laying out or vacating a public street, alley, or other way;
   (8)    Relating to zoning;
   (9)    Granting franchises to public utilities;
   (10)    Providing for a contractual or other agreement with another jurisdiction;
   (11)    Relating to such other matters as the Charter may require.
SECTION 16. ORDINANCE PROCEDURE.
   The Council shall enact an ordinance in all cases specified by this Charter in accordance with the following requirements:
   (1)   An ordinance shall be read at not less than two meetings, regular or special, which need not be consecutive, with at least one week intervening between each meeting;
   (2)    Before final passage, notice of such ordinance shall be published in a newspaper of general circulation in the City. Such notice shall state the following:
      A.    General title or titles of the ordinance.
      B.    The date, time and place of the proposed final vote on adoption.
      C.    The place or places within the Municipality where such proposed ordinance may be inspected by the public.
      D.    Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
A reasonable number of copies of the proposed ordinance shall be kept at such place or places as mentioned in such notice and be made available for public inspection.
   (3)     An ordinance shall not be finally passed until after ten days have elapsed after the date of publication of the aforementioned notice and persons interested have been given an opportunity to attend a meeting of the Council and be heard with respect to the ordinance.
   (4)    An ordinance shall not be materially amended at the same meeting at which it is finally passed. If materially amended after publication of the aforementioned notice, notice as to the intended passage of such ordinance shall be republished and considered as though publication of such notice had not taken place. The Council may enact an ordinance under suspension of the rules prescribed by this section only in the case of a pressing emergency making a procedure in accordance with this section dangerous to the public health, safety, or morals, and by the affirmative vote of two-thirds of all of the members of the Council. The nature of the emergency shall be set out in full in the ordinance.
      (2-16-88)
SECTION 17. WARDS GENERALLY.
   The City shall be divided into wards, the future boundaries of which may be determined by the Council. Each ward shall contain at least four hundred and fifty, and not more than twelve hundred registered voters. In fixing ward boundaries, the Council shall take into consideration the boundaries of the voting precincts as determined by the County Court of Kanawha County. The Council may establish new wards, and define and change the boundaries of all wards; provided, however, that each ward must be composed of contiguous territory. Each new ward shall be entitled to choose one new member of the Council. Councilmen at large shall be added to the Council in the proportion of one for each four ward Councilmen or fraction thereof, and only one Councilman at large shall be elected from any one ward.
SECTION 18. WARDS AND VOTING PRECINCTS ESTABLISHED.
   The number of City wards and the composition thereof are set forth and established in Section 103.08 of the Administrative Code of the Codified Ordinances of the City of St. Albans. (11-3-08)
SECTION 19. ELECTIONS.
   (1)   The regular elections for electing the Mayor and members of City Council shall be by non-partisan ballot, and in accordance with the statutes of the State of West Virginia, and shall be held at the same time as County and State primary elections are held.
   (2)   The Mayor and members of Council shall be elected at intervals of four years in conjunction with County and State primary elections, and their terms shall begin on the first day of July of that election year;
   (3)   Every person qualified pursuant to West Virginia Code §3- 1-3 and who has been duly registered to vote, shall be entitled to vote at all elections held for the City of St. Albans provided, however, that only persons who are registered to vote with the Kanawha County precinct encompassing the City of St. Albans may vote on City of St. Albans candidates or valid items which are specific to the City of St. Albans.
   (4)   Pursuant to West Virginia Code §8-5-13 the conduct of all city elections shall be registered with the City of St. Albans with permanent registered voters as set out in West Virginia Code Article 3-2 provision of which insofar as they are applicable to this City are hereby adopted and made part of this Article.
   (5)   Pursuant to the provisions of West Virginia Code §8-5-14 in Chapter 3, referring more particularly to Primary Elections shall, in so much said they can be applied, govern by the conduct of the elections for the City of St. Albans so administered.
   (6)   All provisions of the West Virginia Code applicable to elections shall apply to the City of St. Albans elections and shall be handled by the Kanawha County Election Officials.
(Ord. 2023-10. Passed 11-20-23.)
 
SECTION 20. NOMINATION OF OFFICERS.
   (1)   Candidate Filing Period: Not earlier than second Monday in January and not later than last Saturday in January preceding primary election, candidates for nomination or election in the Primary Election must file certificates of announcement of candidacy and filing fee with:
       The City Clerk of the City of St. Albans.
   (2)   Hours for in-person Filing: Regular business hours of the Clerk during the year of the primary election. The final day, the last Saturday of January, shall be 9:00 a.m. to Noon at the City Clerk's Office.
   (3)   Mailed Certificate of Announcement Deadline: Must be postmarked by the U.S. Postal Service before midnight E.S.T. on the last Saturday of January in the election year.
Candidates unable to pay filing fee must provide an oath stating he or she is unable to pay fee due to lack of financial resources and receive in-lieu-of-filing-fee petition forms and instructions on gathering signatures. Candidates shall file petitions with required number of signatures by the close of filing on the last Saturday of January in the election year. (Ord. 2023-11. Passed 11-20-23.)
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