(A) Liens.
(1) Liens may be filed in the Office of the Clerk of the County Commission of Brooke or Hancock County as determined by location of the subject property on real property located within municipal corporation limits for unpaid and delinquent fire and police fees or charges, or for any other fee or charge for which a lien may be authorized by the provisions of W.V. Code § 8-13-13(d). Before any lien is filed, the Finance Director shall give the property owner written notice, by certified mail return receipt requested, that the city 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 90 days from the date the notice is mailed.
(2) 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:
(a) The property owner remits to the city 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.
(b) 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 within 30 days of the date of the mailing of the notice of lien. If the thirtieth day shall fall on a Saturday, Sunday or legal holiday, the filing period shall be extended to 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. 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 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 Finance Director.
(3) The Finance Director shall have ten 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 Finance Director and an answer to each question presented for review. The Finance Director 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 Finance Director and to the property owner at the address provided in the petition for review.
(5) The administrative hearing before the Judge of the Municipal Court 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 30 days from the close of the hearing. Unless a timely appeal is taken to the Circuit Court with jurisdiction over the subject property, the administrative decision of the Judge of the Municipal Court shall be final and conclusive and not subject to additional review.
(C) Appeal to Circuit Court. Either the property owner or the Finance Director may appeal the decision of the Municipal Court to the Circuit Court of Brooke or Hancock County, West Virginia within 30 days of the date of mailing of the notice of final decision. In addition to filing a 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 notice of 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 user fee, collection cost, 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 90 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 Finance Director 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.
(Ord. 1354, passed 9-9-02; Am. Ord. 2187, passed 4-11-22)