HB 4977 — Relating to authorizing municipalities to adopt an ordinance to recover demolition costs as special tax assessments

CS for HB 4977 WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 4977 By Delegates Flanigan, Stephens, Roop, Mallow, Rohrbach, Shamblin, Pritt, Phillips, Martin, Ferrell, and Akers [Originating in the Committee on Government Organization;

Reportedreported on February 28, 2026] Eng CS for HB 4977 A BILL to amend and reenact §8-12-16 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to adopt an ordinance to recover demolition costs as special tax assessments.

1 Eng CS for HB 4977 (A) Any door, aisle, passageway, stairway, exit, or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for 1 CS for HB 4977 existing buildings;

(H) Any dwelling, building, or structure constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to any dwelling, building, or structure provided 2 Eng CS for HB 4977 by the approved building or fire code of the jurisdiction or of any law or ordinance that presents either a substantial risk of fire, building collapse, or any other threat to life and safety;

2 CS for HB 4977 (I) A dwelling, building, or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, contamination by any hazardous substance or material, including, but not limited to, substance resulting from the illegal manufacture of drugs, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical, or plumbing system, or otherwise, is determined by the code enforcement agency to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease;

3 Eng CS for HB 4977 Notwithstanding any provision of this code to the contrary, for the purposes of this section any municipality that has not adopted the state building code may designate an enforcement agency 3 CS for HB 4977 consisting of the mayor, the municipal engineer or building inspector, and one member at large, to be selected by and to serve at the will and pleasure of the mayor, and the ranking health officer and fire chief or their designees, who shall serve as ex officio members of the enforcement agency.

4 Eng CS for HB 4977 (3) If granted by the court, and if the owner can be located, the code enforcement agency shall provide the owner a copy of the administrative search warrant five days before entering the 4 CS for HB 4977 property.

(A) The code enforcement agency shall produce a written notice containing the date of the last inspection, the name of the inspector, a reasonable description of the unsafe, unsanitary, dangerous, or detrimental conditions, the corrective measures required, the allotted time to correct 5 Eng CS for HB 4977 the substandard conditions and the allotted time the owner has to apply to the circuit court for a temporary injunction or other similar relief restraining action by the enforcement agency.

5 CS for HB 4977 (B) The notice shall be served upon the owner or landowner by conspicuously posting and attaching a copy of the notice to the subject property, and by serving the notice on the owner or landowner in the same manner as service of a complaint as set forth in subsection (j) of this section.

Provided, That the municipality acted in good faith, can demonstrate that the structure, dwelling, or building falls within one of the categories set forth in paragraph (A) or (B), subdivision (1), subsection (f) of this section, that the municipality followed the procedures set forth 6 Eng CS for HB 4977 in this subsection, and that the municipality had adopted the state building code at the time of the closure, demolition, or other corrective action occurred.

6 CS for HB 4977 (4) Any ordinance adopted under this subsection must also provide for notice to the owner of the owner’s right to apply to the circuit court for a temporary injunction or other similar relief restraining correction or demolition by the enforcement agency.

7 Eng CS for HB 4977 (B) The code enforcement agency has obtained an administrative search warrant from either the municipal court or the magistrate court located in the jurisdiction of the municipality or 7 CS for HB 4977 county where the structure, dwelling, or building is located;

8 Eng CS for HB 4977 (h)(1) In addition to any lien otherwise authorized by this section, a municipality may, by ordinance, provide that the reasonable and necessary costs incurred for the repair, alteration, 8 CS for HB 4977 improvement, removal, vacating, closing, or demolition of a building or structure pursuant to this section shall constitute a special assessment against the real property upon which the costs were incurred, as a means of cost recovery for the abatement of unsafe or unlawful conditions.

(6) The owner shall be provided an opportunity to contest the proposed assessment before a municipal judge or other municipal official with lawful authority to hear and determine violations 9 Eng CS for HB 4977 of municipal code as provided by ordinance.

9 CS for HB 4977 (7) Upon completion of the work and consideration of any objections submitted within 30 days following notice, and provided that the owner has been given notice of the final assessment amount prior to certification, the municipality or its official designee shall impose the special assessment administratively.

10 Eng CS for HB 4977 (2) The notice shall be sent to the most recent address of the landowner of record in the office of the assessor of the county where the subject property is located and to any other address 10 CS for HB 4977 for the landowner as may exist on record with the municipality.

Unless otherwise provided by statute, the presentation and oath or affirmation shall be made by a code enforcement agency official or municipal attorney showing reason to have reliable 11 Eng CS for HB 4977 information and belief.

If from the facts stated in the complaint the municipal judge or other municipal official with lawful authority to hear and determine violations of municipal code finds 11 CS for HB 4977 probable cause, the complaint becomes the charging instrument initiating a criminal proceeding.

NOTE:

The purpose of this bill is to permit municipalities to adopt an ordinance to recover demolition costs as special tax assessments.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.