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Wheeling Overview
Codified Ordinances of Wheeling, WV
CODIFIED ORDINANCES OF THE CITY OF WHEELING, WEST VIRGINIA
CERTIFICATION
ROSTER OF OFFICIALS
COMPARATIVE SECTION TABLE
CHARTER
SECTION 1. POWERS AND RIGHTS OF CITY AS CORPORATE BODY.
SECTION 2. POWERS OF LOCAL SELF GOVERNMENT AND HOME RULE.
SECTION 3. LEGISLATIVE POWER OF COUNCIL; FINES AND PENALTIES FOR VIOLATION OF ORDINANCES.
SECTION 4. FORM OF GOVERNMENT.
SECTION 5. WARDS.
SECTION 6. ELECTIONS.
SECTION 7. OATH OF MAYOR AND MEMBERS OF COUNCIL.
SECTION 8. COMPENSATION OF THE MAYOR AND MEMBERS OF COUNCIL.
SECTION 9. TERM OF MAYOR AND COUNCIL.
SECTION 10. LIMITATION ON TERMS OF THE MAYOR.
SECTION 11. QUORUM, RECORDS AND MEETINGS OF COUNCIL.
SECTION 12. ATTENDANCE AT COUNCIL MEETING REQUIRED FOR VOTING.
SECTION 13. ORDINANCE FORM, PASSAGE, RECORDS AND INDEX; CODIFICATION.
SECTION 14. PERSONAL INTEREST OF MEMBERS OF COUNCIL; EFFECT.
SECTION 15. RESTRICTION ON FINAL PASSAGE OF CERTAIN ORDINANCES; USE OF STREETS, FRANCHISES.
SECTION 16. SPECIFIED ORDINANCES; EFFECTIVE DATE; ELECTOR PROTEST.
SECTION 17. ORDINANCES INITIATED BY ELECTORS; PUBLIC VOTE; PUBLICATION.
SECTION 18. COUNCIL TO GRANT FRANCHISES.
SECTION 19. PUBLIC UTILITY FRANCHISES; CONDITIONS THEREOF.
SECTION 20. GRANTS FOR SWITCHES OR TRAMWAYS ON STREETS.
SECTION 21. ASSESSMENT FOR PUBLIC IMPROVEMENT; VOTE.
SECTION 22. NOTICE OF PROPOSED ASSESSMENTS TO ABUTTING PROPERTY OWNERS.
SECTION 23. COMMISSIONERS OF LOANS AND BOND ISSUES.
SECTION 24. PROVISIONS FOR ISSUANCE OF LICENSES.
SECTION 25. CONTINUATION OF DEPARTMENTS.
SECTION 26. APPOINTMENTS.
SECTION 27. SELECTION, POWERS AND DUTIES OF MAYOR.
SECTION 28. DEVELOPMENT COMMITTEE; MAYOR'S ADVISORY COMMISSION ON ECONOMIC AND INDUSTRIAL DEVELOPMENT.
SECTION 29. SELECTION, POWERS AND DUTIES OF VICE-MAYOR.
SECTION 30. APPOINTMENTS BY MAYOR.
SECTION 31. TRAFFIC COMMISSION.
SECTION 32. ZONING REGULATIONS AND ENFORCEMENT THEREOF.
SECTION 33. APPROPRIATION OF PRIVATE PROPERTY; LEVIES FOR RECREATION PURPOSESP WHEELING PARK COMMISSION.
SECTION 34. LEVY BY CLASS FOR WHEELING PARK COMMISSION.
SECTION 35. BOARDS AND COMMISSIONS.
SECTION 36. APPOINTMENT, REMOVAL AND QUALIFICATIONS OF CITY MANAGER.
SECTION 37. CITY MANAGER; OATH, BOND.
SECTION 38. CITY MANAGER; POWERS AND DUTIES GENERALLY.
SECTION 39. CITY MANAGER CONTRACTS; RATIFICATION.
SECTION 40. EXECUTIVE AND ADMINISTRATIVE OFFICIALS; QUALIFICATIONS, BOND, COMPENSATION.
SECTION 41. COUNCIL SEATS FOR CITY OFFICERS; RIGHTS.
SECTION 42. POLITICAL ACTIVITIES; CONTRIBUTIONS BY OFFICERS AND EMPLOYEES; PENALTY.
SECTION 43. APPOINTMENT AND REMOVAL OF OFFICERS AND EMPLOYEES; RESTRICTIONS ON COUNCIL.
SECTION 44. CITY CLERK.
SECTION 45. CITY DIRECTOR OF FINANCE.
SECTION 46. ASSISTANT CITY MANAGER.
SECTION 47. CHIEFS OF POLICE AND FIRE DEPARTMENTS.
SECTION 48. CITY SOLICITOR; ASSISTANT CITY SOLICITORS.
SECTION 49. PERSONNEL DIRECTOR.
SECTION 50. LICENSING OFFICER; REVOCATION OF LICENSES.
SECTION 51. APPOINTMENT OF MUNICIPAL COURT JUDGE.
SECTION 52. JUDGE TO APPOINT CLERK; DEPUTY CLERK.
SECTION 53. DUTIES OF MUNICIPAL COURT JUDGE; TEMPORARY JUDGE.
SECTION 54. JURISDICTION OF MUNICIPAL COURT.
SECTION 55. PROCEEDINGS IN MUNICIPAL COURT.
SECTION 56. ENFORCEMENT OF MUNICIPAL COURT ORDERS; JUDGMENTS; EXECUTION OF PROCESS; FEES.
SECTION 57. POWERS AND DUTIES OF MUNICIPAL COURT CLERK; FEES.
SECTION 58. MUNICIPAL COURT RECORDS AND CERTIFICATES; EFFECT; SEAL.
SECTION 59. PAYMENT OF MUNICIPAL COURT COSTS.
SECTION 60. APPEALS FROM MUNICIPAL COURT; BOND.
SECTION 61. STATE CIVIL SERVICE LAWS APPLICABLE TO POLICE AND FIRE DEPARTMENT.
SECTION 62. CIVIL SERVICE ORDINANCE.
SECTION 63. ANNUAL AUDIT OF BOOKS AND ACCOUNTS; PUBLICATION.
SECTION 64. AUDIT OF BOARDS AND COMMISSIONS.
SECTION 65. FISCAL YEAR FIXED BY ORDINANCE.
SECTION 66. TRANSCRIPT OF COUNTY ASSESSMENT TO COUNCIL.
SECTION 67. WATER RENTS; COLLECTION; DELINQUENCY.
SECTION 68. SUITS FOR COLLECTION OF TAXES.
SECTION 69. CITY EXPENDITURES IN EXCESS OF AUTHORITY; PENALTY.
SECTION 70. LIMITATION ON CITY INDEBTEDNESS.
SECTION 71. ISSUANCE AND SALE OF BONDS; PENALTY; ADVISORY COMMITTEE.
SECTION 72. CITY DEPOSITORIES.
SECTION 73. ACCOUNT AND SETTLEMENT OF MONEYS COLLECTED.
SECTION 74. RECALL OF MEMBER OF COUNCIL.
SECTION 75. BRIBERY OF CITY OFFICIALS.
SECTION 76. ATTEMPTED BRIBERY OF CITY OFFICIALS.
SECTION 77. DEMANDING OR RECEIVING BRIBE BY CITY OFFICIAL.
SECTION 78. GENERAL PENALTY FOR CHARTER VIOLATIONS.
SECTION 79. CERTIFIED COPIES OF ORDINANCES; PRIMA FACIE EVIDENCE OF LAW.
SECTION 80. FEES OF OFFICIALS TO BE PAID INTO CITY TREASURY.
SECTION 81. REQUIREMENTS FOR PETITIONS ISSUED UNDER CHARTER.
SECTION 82. SEPARABILITY.
SECTION 83. INCONSISTENT ACTS REPEALED.
SECTION 84. TRANSITION.
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION 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 24. PROVISIONS FOR ISSUANCE OF LICENSES.
   Council shall provide by ordinance for the issuing of all City licenses, the license fees, and the various kinds of licenses, and the terms, requirements and conditions upon which licenses shall be issued.
SECTION 25. CONTINUATION OF DEPARTMENTS.
   The existing departments, commissions, boards and other branches of the City government are continued, unless changed by the provisions of this Charter or by ordinance of the Council. Except as established by the provisions of this Charter, the Council may change, abolish, combine and rearrange the departments, commissions, boards and other branches of the city government provided for in the administrative code, but an ordinance creating, combining, abolishing or decreasing the powers of any department, commission, board or other branch, shall require a vote of a majority plus one of the members elected to the Council.
SECTION 26. APPOINTMENTS.
   As provided elsewhere in this Charter or by law, Council shall appoint the City Manager, Traffic Commission, Municipal Parking Authority, Municipal Auditorium Board, Hall of Fame Board, Ohio Valley Regional Transportation Authority, Centre Market Commission and Sign Board of Appeals; the Mayor, with the advice and consent of Council, shall appoint the Vice Mayor, Director of Finance, City Clerk, Recreation Commission, Municipal Civil Service Commission, Human Rights Commission, and Board of Zoning Appeals; the Mayor shall appoint the members of the Development Committee and the other committees of Council, and the Mayor's Advisory Commission on Economic and Industrial Development; the City Manager shall appoint the Assistant City Manager, Police Chief, Fire Chief, Personnel Director, Licensing Officer, City Solicitor (who shall appoint the Assistant City Solicitors), Director of Development, City Engineer, Public Works Director, Director of Development, Director of Communications, Municipal Court Judge (who shall appoint the Clerk and Deputy Clerk of Municipal Court) and Temporary Judge, the Building Codes Board of Appeals and the Historic Landmarks Commission; the City Manager shall appoint the Planning Commission, to be confirmed by Council; the City Manager, FOP Local and Wheeling Chamber of Commerce shall appoint the Police Civil Service Commission; the City Manager, IAFF Local and Wheeling Chamber of Commerce shall appoint the Fire Civil Service Commission; and the City Manager and Wheeling Chamber of Commerce shall appoint the Wheeling Park Commission.
SECTION 27. SELECTION, POWERS AND DUTIES OF MAYOR.
   There shall be a Mayor elected at large by the qualified voters of the City, as established by this Charter, who shall serve as a member and the presiding officer of the Council and who shall perform such other duties as provided by this Charter or by law.
SECTION 28. DEVELOPMENT COMMITTEE; MAYOR'S ADVISORY COMMISSION ON ECONOMIC AND INDUSTRIAL DEVELOPMENT.
   The Mayor shall appoint and chair a committee of Council designated as the Development Committee, consisting of three members of Council, including the Mayor. The Development Committee shall consider and report to Council matters related to economic development, the use of public buildings and real estate, planning, zoning, housing and annexation.
   The Mayor shall appoint and chair the Mayor's Commission on Economic and Industrial Development, consisting of eleven members, including the Mayor, the other members of the Development Committee of Council, the City Manager, and seven additional members. The Commission shall provide advice on economic and industrial development.
SECTION 29. SELECTION, POWERS AND DUTIES OF VICE-MAYOR.
   At the first meeting of Council in December 1992, and, thereafter, at the first meeting of Council in July following the regular municipal election, and at such other times as there may be a vacancy in the position, the Mayor shall appoint one of the members of Council as Vice-Mayor, subject to the approval of Council. The Vice-Mayor shall perform the duties of the Mayor during the Mayor's absence or disability. In the event of the death, removal or resignation of the Mayor, the Council shall choose one of its members as Mayor for the unexpired term. No additional compensation shall attach to the office of Vice-Mayor.
SECTION 30. APPOINTMENTS BY MAYOR.
   The appointments to be made by the Mayor shall be made with the advice and consent of the Council, and such appointees shall serve at the pleasure of Council, except for the appointments made pursuant to Section 28 hereof.
SECTION 31. TRAFFIC COMMISSION.
   There is hereby created a commission to be known as the Traffic Commission, whose duty it shall be to recommend rules and regulations concerning the parking of automobiles and other vehicles, and regulating such parking on the public thoroughfares in the City of Wheeling. Such recommendations shall be forwarded to Council in the form of ordinances, for action by Council. The Commission shall be composed of five residents of the City of Wheeling, none of whom shall be State, County or City officials, and who shall be appointed by the Mayor and shall serve at the pleasure of Council.
 
SECTION 32. ZONING REGULATIONS AND ENFORCEMENT THEREOF.
   Consistent with the requirements of W.Va. Code Sec. 8-24-1 et seq., for the purpose of promoting the health, safety, morals or the general welfare of the community, the Council may pass and cause to be enforced such ordinances as it shall deem necessary or proper to regulate and restrict the height, number of stories, size of buildings and other structures, percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes. For any or all of those purposes, Council may divide the City and the districts into such number, shape and area as may be deemed best suited to carry out the purposes of this act, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. Such regulations shall be made in accordance with a comprehensive plan and design to lessen the congestion, to secure safety from fire, panic or other danger, to promote health and general welfare, to provide adequate light and air, to prevent the crowding of land, to avoid undue concentration of population, and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other requirements. Such regulations shall be made with reasonable consideration being given to the character of the district and its peculiar suitability for particular uses, and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout the City of Wheeling. Council shall provide for the manner in which such regulations and restrictions and the boundaries of such district shall be determined, established and enforced, and from time to time may amend, supplement or change; provided, however, that no such regulations, restrictions or boundaries shall become effective until after public hearing in relation thereto, at which parties interested and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time such regulations are to be presented shall be published in at least two newspapers published and circulated in the City of Wheeling.
   Council may provide by ordinance for the enforcement of this section, or of any ordinance or regulations made thereunder. The violation of any such ordinances or regulations adopted or made, is hereby declared to be a misdemeanor, and Council may provide for the punishment by fine for any violation thereof.
   In case any building or structure is erected or constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this section or of any ordinance or any other regulation made under authority conferred hereby, Council in addition to other remedies may in the name of the City bring an appropriate action or proceeding to prevent such unlawful erection, construction, alterations, repair, conversion, maintenance or use, and to restrain, correct or abate such violations, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
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