West Virginia 2023 Regular Session

West Virginia House Bill HB2172

Introduced
1/11/23  

Caption

Allow local governments to hold property owners more accountable for upkeep of buildings

Impact

The passage of HB 2172 will amend the Code of West Virginia by adding new articles governing the responsibilities of county commissions and municipalities regarding unsafe real property. This bill reflects a significant shift in local governance, as it grants enhanced authority to local entities to manage hazardous properties more rigorously. By enabling counties and municipalities to enact cleanup orders and assert liens, the bill also aims to reduce the burden on local resources and ensure that hazardous conditions do not persist in communities, thus improving overall safety and aesthetics.

Summary

House Bill 2172 aims to empower county commissions and local governing bodies in West Virginia to manage unsafe and hazardous real property conditions more effectively. The bill introduces a process for local authorities to compel property owners to clean up properties deemed unsafe due to dilapidation or debris. By allowing local governments to issue resolutions requiring property cleanup, the bill seeks to enhance public health and safety standards within the community. When property owners do not comply, the bill provides a framework for localities to assert liens against the properties, transferring the responsibility of cleanup costs to the owners if they fail to act.

Sentiment

The sentiment surrounding the bill appears generally supportive among local government officials and community advocates, who view it as a necessary tool to address neglected properties that pose risks to public health. However, there is potential contention around the bill, particularly regarding the power dynamics it introduces between local government and private property owners. Concerns may arise about the fairness of enforcement and the implications for property rights, as critics could argue that the bill places excessive control in the hands of local authorities.

Contention

Key points of contention may emerge from debates over the extent of authority granted to local governments under HB 2172. Critics could express concern that the bill may lead to arbitrary enforcement or disproportionate penalties for property owners. Additionally, the appeals process outlined in the bill provides a mechanism for property owners to challenge resolutions, but there may be differing opinions on whether this process is sufficient to protect individual rights. As communities navigate the implications of this new authority, discussions on balancing property rights with public safety will likely be a vital part of the legislative discourse.

Companion Bills

No companion bills found.

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