(A) Application and enforcement.
(1) The authority to establish and enforce a lien as set out in this section shall be applicable to real property located within the municipal corporate limits and related unpaid and delinquent fire, police, or street fees.
(2) This section shall be applicable and enforceable as to all unpaid user fees, related collection costs, late fees, attorney fees, penalties, and interest, outstanding as of the date of filing and accrued thereafter; provided however, all amounts already outstanding from fiscal years prior to the year in which this section is enacted, shall be subject to the notice requirements set out herein below.
(B) Administrative procedure for the collection of user fees pursuant to lien.
(1) Prior to the filing of said lien, the Town Treasurer or the Town Clerk shall give written notice to the property owner and user, by certified mail, return receipt requested, that the municipality will file the lien upon real property owned by the user or subject property owner, unless the delinquency is paid prior to a date specifically stated in the notice. Said date must be no less than 90 days from the date the notice is mailed. Notice of this procedure shall accompany said notice of lien.
(2) Within ten calendar days of receipt of the notice required herein above, the property owner or user shall deliver a written request to the Town Clerk requesting a conference with the Town Treasurer or Treasurer’s designee, to discuss any alleged impropriety of the assessment of said fee as to the user or property owner. The basis for the request for conference shall be stated in the request. The user or property owner shall provide an address for any return notice. Said conference shall be scheduled within five days of the written request and at a time convenient to the Treasurer or Treasurer’s designee. The user or property owner shall be given at least 15 days’ notice sent to the party requesting the conference. Notice shall be effective upon mailing to the address of the original notice, or the address provided in the request for conference. Any legal issue that might be brought before a court of law may be raised in this conference. Fairness or equity shall not be at issue. This step is not mandatory and either party may disregard the same. If the Treasurer decides to refuse a conference request, the Treasurer shall do so by responding in writing within five days of receipt of the request.
(3) The Treasurer shall provide a written statement of the outcome of the conference within 72 hours of the conclusion of the conference and it shall be mailed to the user or property owner at the address provided in the request or the address of the notice, if unchanged. This shall not be considered a new bill or invoice. This conference and the statement issued shall not toll or recommence the running of the 90-day notice provision required in division (B)(1) above.
(4) Within ten days of the original notice of lien set out in division (B)(1) above, if the user or property owner wishes to forego the Treasurer’s conference, or within ten days of the statement from the Treasurer, the debtor or property owner may contest the user fee billing, by requesting a hearing before the Municipal Court. The Municipal Court shall hold a de novo hearing on all relevant legal issues raised by the debtor or property owner, within 15 days of receipt of said request. Fairness and equity shall not be at issue. A decision upon all relevant issues shall be rendered within ten days of said hearing.
(5) The parties may continue the aforementioned conference or hearing from time to time as agreed by the parties. However, the lien may be filed immediately upon the running of the 90-day notice provision, so long as the outcome of the procedure has become final.
(6) Either party may file an appeal to the Circuit Court, within 30 days of the decision by the Municipal Court. The Circuit Court shall consider the appeal under its general authority, including but not limited to W. Va. Code § 51-2-2(f).
(7) Upon the running of the 90-day notice provision, and the exhausting of the procedure through the Municipal Court, the Treasurer may file an appropriate lien, regardless of any appeal to Circuit Court, unless a judicial order is entered to the contrary.
(8) No user fee, collection costs, legal fees, interest, or related costs shall be challenged greater than five years after the earlier of the date of billing or the date of use.
(Ord. 09-004, passed 8-24-2009)