West Virginia Senate Bill SB522

West Virginia 2024 Regular Session

• Introduced: 1/23/24
• Refer: 1/23/24
• Refer: 2/7/24

Caption

Relating to evidentiary hearings on county commission-issued citations for unsafe or unsanitary structures

Impact

The proposed changes in SB 522 are expected to reinforce state laws governing building safety and sanitation. By clarifying the hearing process and solidifying the powers of county commissions, the bill aims to ensure that adherence to building codes and the maintenance of public health takes priority. However, it raises the potential for increased enforcement actions against property owners, particularly in communities where many structures may be at risk due to neglect or financial constraints facing property owners.

Summary

Senate Bill 522 aims to amend the Code of West Virginia to establish a clear procedure for evidentiary hearings regarding citations issued by county commissions for unsafe or unsanitary structures. The bill provides county commissions with the authority to regulate various conditions that may render buildings or other structures unsuitable for human habitation, empowering them to enforce repairs, alterations, or even demolition where necessary. This further includes oversight over the removal of refuse and hazardous conditions on private lands. Overall, it is designed to enhance public safety by ensuring that local governments can address structural issues effectively.

Sentiment

General sentiment around SB 522 appears to lean towards the necessity of local code enforcement to protect the community's health and safety. Proponents argue that this bill is crucial for maintaining standards and preventing unsafe living conditions. Nevertheless, concerns have been raised regarding the implications for property rights and the potential for overreaching enforcement actions, which may disproportionately affect low-income property owners or those without the resources to comply with orders quickly.

Contention

The main contention regarding SB 522 revolves around balancing the authority granted to the county commissions with the rights of property owners. Critics worry about the enforcement authority's potential to impose harsh penalties, including civil fines and fees for non-compliance, which could place undue stress on affected residents. Furthermore, the lack of robust protections for property owners in the proposed process could lead to disputes over what constitutes ‘unsanitary’ or ‘unsafe’ conditions, thus complicating the application of the bill.