§ 31.05 PROPERTY AND PROPERTY INSURANCE INVENTORIES.

   (A)   The City Clerk shall maintain on file in his or her office an inventory of all real property owned by or leased to the city. This inventory shall be maintained in current status, and during January of each year shall be revised, as may be appropriate, to show changes in value due to depreciation or to repairs, renovations, and the like. For each building or lot such inventory shall also show a brief description, a reference to the deed, devise, lease, or other instrument whereby the city acquired title to or the use thereof, the department, office, or agency charged with custody, the purpose or use, the insurance of all types thereon, together with notes as to premiums payable and anniversary dates, and for property owned by the city and leased to other persons, copies of such leases, and appropriate notes as to the revenues derived therefrom.

   (B)   Each city officer having custody of items of nonexpendable personal property of value greater than $25, or other amount deemed appropriate by the Municipal Court, owned by or leased to the city shall, during January of each year, prepare in duplicate an itemized inventory of such property, showing for each item its value and a brief description, together with identification (by serial number, where applicable), a reference to the instrument, if any, whereby title or use was acquired, the department, office, or agency having custody, the purpose or use, and the insurance of all types, if any, together with notes as to premiums payable and anniversary dates. The original copy of each such inventory shall be filed in the office of the City Clerk before February 1 of each year, and the duplicate copy shall be retained on file in the office of the person who prepared it.

(Prior Code, § 2-39)

SPECIFIC OFFICERS

§ 31.20 MAYOR.

   The Mayor shall be the chief executive officer of the city and head of the city government. He or she shall take care that all provisions of this code and other ordinances, resolutions, and orders of the Common Council are faithfully executed, and he or she shall faithfully perform the duties and exercise the powers prescribed for the Mayor in the Charter. The Mayor shall also have such additional powers and perform such additional duties as may be prescribed for Mayors and other chief executive officers of municipalities by applicable provisions of state law.

(Prior Code, § 2-40)

§ 31.21 CITY CLERK, QUALIFICATIONS, POWERS AND DUTIES GENERALLY.

   (A)   The City Clerk shall be custodian of the city seal and of all records, books, documents, and papers for which the custody is not otherwise provided, and he or she shall certify to all true copies thereof and charge such fees therefor as may be prescribed by this code or other ordinances of the Common Council. The City Clerk shall issue all city licenses and permits not issued by other city officers and keep full and accurate records thereof, and he or she shall serve as recording secretary to the Common Council. The City Clerk shall have such other powers and perform such other duties as may be provided for municipal clerks and recorders in applicable provisions of state law.

   (B)   (1)   Pursuant to the authority as set forth in W. Va. Code 8-10-4, as amended, the Clerk is hereby authorized and directed, in the absence of the Mayor and/or Municipal Judge, to issue warrants for arrest for the violation of ordinances of the city, to administer oaths, and to accept and approve sureties and bonds.

      (2)   The authority herein provided shall be upon the appointment and confirmation by the governing body of such Clerk to utilize such authority, which authority may be hereafter removed by a majority vote of and by the governing body.

   (C)   The City Clerk is not required to be a freeholder in order to be qualified to be the City Clerk. Also, the City Clerk shall not necessarily be a resident of the City of Weston. The city, through its Common Council, shall appoint to the City Clerk position whoever the Common Council deems appropriate.

(Prior Code, § 2-41) (Ord passed 6-4-1984; Ord. passed 6-14-2021)

§ 31.22 SAME; DUTIES AS ASSESSOR.

   (A)   The City Clerk, in his or her capacity as Assessor, shall annually, not later than March 3, procure from the County Assessor his or her certified statement, showing in separate amount the aggregate value of all real and personal property within the city which is subject to taxation by the city, and showing the classification of such property for tax purposes, as provided in W. Va. Code 11-3-6.

   (B)   Upon procurement of such list from the County Assessor, the City Clerk shall place it before the Common Council at its next regular meeting.

(Prior Code, § 2-42)

§ 31.23 CITY TREASURER, POWERS AND DUTIES GENERALLY; RECORDS AND REPORTS.

   (A)   The City Treasurer shall have the powers and perform the duties prescribed by the Charter for the Tax Collector and the City Collector, and he or she shall have such other powers and perform such other duties as may be prescribed for the office of City Treasurer by state law, the Charter, this code and other ordinances, resolutions, and orders of the Common Council.

   (B)   The City Treasurer shall keep complete and accurate fiscal accounts and records as required by law and in the manner prescribed by the State Tax Commissioner and other state officers having authority to prescribe therefor, and in accordance with directives from the Common Council; and he or she shall render such reports as may be required of him or her by law, this code, or other ordinance, resolution, or order of the Common Council.

   (C)   The City Treasurer shall keep all receipt books, bank books, deposit books, cancelled cheeks, bank statements, ledger books, and all other records pertaining to the fiscal affairs of the city which are normally in the charge and custody of the City Treasurer in a proper place therefor in the City Building of the city.

   (D)   The City Treasurer shall have prepared a financial statement and record of receipts and disbursements on a current basis for delivery at each regular meeting of the Common Council.

(Prior Code, § 2-43)

Charter reference:

   As to bond of City Collector as Treasurer, see Charter § 39

   As to bonds and oath of office generally, see Charter § 17

   As to ineligibility or failure to qualify, see Charter § 18

   As to powers and duties of the Tax Collector, see Charter § 16

§ 31.24 SAME; COLLECTION AND DEPOSIT OF CITY MONEY; HOW PAYMENTS MADE FROM CITY TREASURY; CONSEQUENCES UPON FAILURE TO CITY TREASURER TO COMPLY WITH SECTION.

   (A)   (1)   Except as may be otherwise provided by this code or by state law, the City Treasurer shall collect all taxes, fines, special assessments, and other money due the city, and shall receive from all city officers and employees money paid to them for the city, and all city money so collected or received by him or her shall be deposited promptly in a depository designated for such purpose by the Common Council.

      (2)   He or she shall not pay out any money of the city except as it shall have appropriated and ordered by the Common Council to be paid, and he or she shall sign all checks, drafts, and warrants against the City Treasury or any depository of the city only upon order so to do, signed by the Mayor and City Clerk.

   (B)   The City Treasurer shall not accept an order for the payment of money unless all blanks have been properly filled in. He or she shall preserve in his or her office all orders paid by him or her to be used in making his or her settlement with the city.

   (C)   If, when an order is presented to the City Treasurer, there are no funds for the payment thereof, the person entitled to receive the sum of money specified in such order may require the City Treasurer to endorse thereon or write across the face thereof the words “Presented for Payment”, with the proper date, and sign the same, and the order if it was due, at the time of presentment, shall in such case be payable with legal interest from the date of such presentment.

   (D)   No payment shall be paid in advance, except as may be provided otherwise by the Common Council in any case and stated in the order to the City Treasurer.

   (E)   Failure of the City Treasurer to comply with this section shall be prima facie evidence of a cause for reprimand or suspension or grounds for dismissal.

(Prior Code, § 2-44)

Charter reference:

   As to receipt of and payments from city money, see Charter § 27

Statutory reference:

   As to payment of money out of Municipal Treasury, see W. Va. Code 8-13-22

§ 31.25 CITY ATTORNEY.

   (A)   The City Attorney shall be a member in good standing of the bar of the Circuit Court of Lewis County, and shall receive such regular compensation for his or her services as may be provided from time to time by ordinance of the Common Council.

   (B)   The services for which the City Attorney is paid such regular compensation shall be all administrative legal services, which shall include, but shall not be limited to, the following:

      (1)   Advice and assistance to the city and the preparation of such documents as may be necessary in connection with the conduct of the regular business of the city;

      (2)   Supervision, as to legality, of the official minutes of the city;

      (3)   Advice and assistance to officers of the city;

      (4)   Approval of the legality of contracts and of all payments thereunder; and

      (5)   Handling of all legal questions and matters arising under the affairs of the city and rendering of legal opinions on all matters submitted by the city.

   (C)   The City Attorney shall be paid additional compensation for the handling of litigation, civil or criminal, and for special or unusual services in an amount equal to the reasonable value of services involved as agreed to by the city prior to the commencement of such services.

(Prior Code, § 2-45)

Charter reference:

   Election and term of office, see Charter §§ 8 and 47

   Ineligibility or failure to qualify, see Charter § 18

   Oath of office, see Charter § 17

   Qualifications of City Attorney, see Charter § 6

§ 31.26 STREET COMMISSIONER.

   (A)   The Street Commissioner shall possess such powers and perform such duties as may be prescribed for such office by state law, this code, and other ordinances of the city. Subject to the supervision and control of the Common Council, the Street Commissioner shall manage and have charge of the construction, improvement, repair, maintenance, lighting, sprinkling, cleaning, and operation of streets, sidewalks, alleys, lanes, bridges, viaducts, and other public ways, drains, ditches, culverts, streams and all public places and grounds belonging to the city or dedicated to public use, except parks and playgrounds, and buildings occupied by other departments of the city, and except for services furnished by the State Road Commission.

   (B)   The Street Commissioner shall be head of the Street Department, and shall have control of the employees of the Department and approve their employment by the city.

   (C)   The Street Commissioner shall be charged with the preservation of papers, plans, tools, appliances, and mechanical equipment pertaining to the Street Department. He or she shall make inventory of all personal property provided by the city for the use of his or her Department when his or her term of office commences and shall file a copy thereof with the City Clerk and shall make and file a similar inventory at the conclusion of his or her term of office.

   (D)   The Street Commissioner shall be charged with the enforcement of all the obligations of privately owned or operated public utilities enforceable by the city and make complaint to the appropriate court for violation by such utilities.

   (E)   The Street Commissioner shall perform such other and related duties as may from time to time be required of him or her by the Common Council.

(Prior Code, § 2-46)

Charter reference:

   Election and term of office, see Charter §§ 8 and 47

   Ineligibility or failure to qualify, see Charter § 18

   Oath of office, see Charter § 17

   Qualifications of Street Commissioner, see Charter § 6