678 sections in this chapter.
W. Va. Code § 8-12-15 Municipal inspection
0.4K chars
The governing body of every municipality shall have plenary power and authority to provide for the entering and inspection of private premises to aid in the enforcement of any state law or municipal ordinance: Provided, That this section shall not be construed as purporting to au…
W. Va. Code § 8-12-16 Ordinances regulating the repair, alteration, improvement, closing, demolition, etc., of structures, dwellings, or buildings that are unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare; procedures
20.8K chars
(a) For the purposes of this section: (1) "Code enforcement agency" means either a code enforcement department as defined by 87 CSR 7-2, as may be amended, or an enforcement agency as permitted by subsection (c) of this section. (2) "Code enforcement agency official" means any la…
W. Va. Code § 8-12-16A Registration of uninhabitable property
5.1K chars
(a) The governing body of a municipality may, by ordinance, establish a property registration for any real property improved by a structure that is uninhabitable and violates the applicable building code adopted by the municipality. An owner of real property subject to the regist…
W. Va. Code § 8-12-16B Special litter prevention officers
1.2K chars
(a) A municipality that has adopted an anti-littering ordinance pursuant to section five of this article may provide, by ordinance, for the appointment of special litter prevention officers to aid in the enforcement of the municipal anti-littering ordinance. (b) The ordinance ena…
W. Va. Code § 8-12-16C Registration of vacant buildings; registration fees; procedures for administration and enforcement
4.6K chars
(a) The governing body of a municipality shall have plenary power and authority to establish by ordinance a vacant building and property registration and maintenance program. (b) For purposes of this section: (1) "Owner" or "property owner" means a person who individually or join…
W. Va. Code § 8-12-16D Additional powers and duties of municipalities; areas of special or unique interest
1.0K chars
A municipality may designate areas of special or unique interest, with sites, buildings and structures within those areas, which are of local, regional, statewide or national significance. An area that has been so designated does not limit the use of nor require any alteration of…
W. Va. Code § 8-12-17 Sale or lease of municipal public utility
9.0K chars
In any case where a municipality owns a gas system, an electric system, a waterworks system, a sewer system, or other public utility and a majority of not less than 60 percent of the members of the governing body thereof shall deem it for the best interest of such municipality th…
W. Va. Code § 8-12-18 Sale, lease, or disposition of other municipal property
3.0K chars
(a) Every municipality, municipal building commission created pursuant to §8-33-1 et seq. of this code, and municipal development authority created pursuant to §7-12-1 et seq. of this code is authorized to sell, lease as lessor, or dispose of any of its real or personal property …
W. Va. Code § 8-12-19 Extraterritorial exercise of powers and authority
0.7K chars
Wherever the powers and authority granted in this chapter cannot be reasonably and efficiently exercised by confining the exercise thereof within the corporate limits of the municipality, the powers and authority of the municipality shall extend beyond the corporate limits to the…
W. Va. Code § 8-12-2 Home rule powers for all cities
3.5K chars
(a) In accordance with the provisions of the "Municipal Home Rule Amendment" to the Constitution of this state, and in addition to the powers and authority granted by (i) such Constitution, (ii) other provisions of this chapter, (iii) other general law, and (iv) any existing char…
W. Va. Code § 8-12-20 Authorizing municipalities to enact Adopt-A-Street programs
2.4K chars
(a) In addition to all other powers and duties conferred by law upon municipalities, municipalities are empowered to enact municipality Adopt-A-Street programs. (b) The state Adopt-A-Highway Program was established in the late 1980s to improve the quality of the state’s environme…
W. Va. Code § 8-12-21 Restriction on the regulation of trades, occupations, and professions
0.6K chars
Except as expressly provided by this code, neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, enact or enforce any law, ordinance, regulation, or rule, requiring the licensing, certification, or registration of any person or business…
W. Va. Code § 8-12-22 Foreclosure actions involving abandoned properties
6.0K chars
(a) This section shall be known and may be cited as the Zombie Property Remediation Act of 2021. (b) No action may be brought pursuant to this section until the municipality has informed any and all mortgagees in writing and by certified mail, return receipt requested, to the mor…
W. Va. Code § 8-12-23 Limitations on municipalities, political subdivisions, and local governing bodies’ authority over energy usage and development
2.8K chars
(a) As used in this section: “Energy source” means the method of generation, or the fuel source, used to provide or supply utility service to a customer. The term includes any nonrenewable or renewable energy source. “Governing body” shall mean the mayor and council together, the…
W. Va. Code § 8-12-24 Dedication to or naming municipal property for office holder prohibited
0.3K chars
Notwithstanding any provision of this code to the contrary, no municipalities or governing bodies of municipalities may cause or permit to be caused the dedication or naming of any municipal owned building or public structure for a public official who is holding office at the tim…
W. Va. Code § 8-12-25 Authorizing certain municipalities to create a pension funding program
0.2K chars
In addition to all other powers and duties conferred by law upon municipalities, Class I, Class II and Class III municipalities are empowered and authorized to create pension funding programs as defined in §8-33-4a of this code.
W. Va. Code § 8-12-26 Authorizing municipalities to create private outdoor designated areas
3.4K chars
(a) In addition to all other powers and duties conferred by law upon municipalities, municipalities are empowered and authorized to pass an ordinance establishing private outdoor designated areas as described in §60-7-8g of this code. (b) The municipality shall include in the ord…
W. Va. Code § 8-12-27 Prohibiting municipalities from imposing additional alcohol licensure fees
0.2K chars
Notwithstanding any provision of this code to the contrary, any person licensed under §11-16-1 et seq. of this code, shall not be charged any additional alcohol licensure fee by a municipality.
W. Va. Code § 8-12-3 Creation by charter provision of certain independent city boards
2.3K chars
In selecting or changing to a form of government based on any of the four plans set forth in section two, article three of this chapter, a city may by charter provision withdraw from the governing body and administrative authority of the city the municipal powers and authority an…
W. Va. Code § 8-12-3A Cities authorized to create department of development and transfer planning functions of certain independent agencies to such department; authorizing related ordinances and resolutions
1.3K chars
(a) In extension of the power and authority set forth in section two of this article and notwithstanding any provision of this code or any charter provision to the contrary, any city shall have plenary power and authority by charter provision or ordinance to establish a departmen…
W. Va. Code § 8-12-4 Power to provide by charter for initiative, referendum and recall
1.0K chars
Any city may by charter provision provide for any or all of the following: (1) The initiation of ordinances by petition bearing the signatures, written in their own handwriting, of not less than ten percent of the qualified voters of such city; (2) The submission to the qualified…
W. Va. Code § 8-12-5 General powers of every municipality and the governing body thereof
17.1K chars
In addition to the powers and authority granted by: (i) The Constitution of this state; (ii) other provisions of this chapter; (iii) other general law; and (iv) any charter, and to the extent not inconsistent or in conflict with any of the foregoing except special legislative cha…
W. Va. Code § 8-12-5A Limitations upon municipalities’ power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale, and storage of certain weapons and ammunition
6.4K chars
(a) Neither a municipality nor the governing body of any municipality may, by ordinance or otherwise, limit the right of any person to purchase, possess, transfer, own, carry, transport, sell, or store any deadly weapon, firearm, or pepper spray, or any ammunition or ammunition c…
W. Va. Code § 8-12-5B Municipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations
4.2K chars
(a) Notwithstanding the provisions of section one, article eleven, chapter eight of this code, in addition to all other powers which municipalities now possess by law, every municipality and the governing body thereof may adopt the ordinance provided in subsection (b) of this sec…
W. Va. Code § 8-12-5C Authority to enact ordinance restricting the location of businesses offering exotic entertainment
1.6K chars
(a) For the purposes of this section, the term "exotic entertainment" has the same meaning ascribed to it in section three-jj, article one, chapter seven of this code. (b) In the event a municipality has not created or designated a planning commission in accordance with the provi…
W. Va. Code § 8-12-5D Regulation of amateur radio antennas
0.6K chars
(a) Any municipal ordinance or order concerning the regulation or placement of amateur radio antennas must: (1) Comply with all Federal Communications Commission regulations and its rulings and orders; (2) Reasonably accommodate amateur radio communications; and (3) Represent the…
W. Va. Code § 8-12-5E Authority to enter into energy-savings contracts
4.6K chars
(a) As used in this section: (1) "Energy-conservation measures" means goods or services, or both, to reduce energy consumption operating costs of municipality facilities. They include, but are not limited to, installation of one or more of the following: (A) Insulation of a build…
W. Va. Code § 8-12-5F Regulation of taxicabs and taxi stands
1.3K chars
(a) Notwithstanding the provisions of article two, chapter twenty-four-a of this code, the governing body of a Class I or Class II municipality that includes a land grant university enrolling at least twenty thousand students may, by ordinance, regulate taxicabs and taxi stands w…
W. Va. Code § 8-12-5G Authorizing municipalities to hold motor vehicle racing events on public roads, municipal streets or runways
4.8K chars
(a) In addition to all other powers and duties not conferred by law upon municipalities, such municipalities are empowered to organize and hold motor vehicle racing events on roads and airports in this state under their jurisdiction; to require a permit; to provide for the issuan…
W. Va. Code § 8-12-6 Membership in association or league
0.7K chars
Every municipality is hereby empowered and authorized to become a member of an association or league having for its general purpose the exchange and dissemination of information and ideas designed for the more efficient administration and conduct of municipal government and affai…
W. Va. Code § 8-12-7 Power and authority to purchase insurance and to indemnify officers, agents and employees
2.2K chars
(a) Every municipality shall have plenary power and authority to contract and expend public funds for the purchase of one or more policies of public liability insurance, with or without a sharing in the cost thereof by the officers, agents and employees of such municipality, prov…
W. Va. Code § 8-12-8 Group insurance programs authorized
2.6K chars
Every municipality shall have plenary power and authority to negotiate for, secure and adopt for the regular employees thereof (other than provisional, temporary, emergency and intermittent employees) who are in employee status with such municipality on and after the effective da…
W. Va. Code § 8-12-9 Power and authority to enact ordinance prohibiting discrimination with respect to housing accommodations
0.4K chars
Notwithstanding any statutory or charter provision to the contrary, the governing body of every municipality shall have plenary power and authority, by ordinance, to prohibit discrimination on the basis of race, creed, color or national origin in the sale, purchase, lease or rent…
W. Va. Code § 8-13C-1 Findings
4.4K chars
The Legislature finds that: (a) Imposing additional taxes creates an extra burden on the citizens of the state; (b) Imposing additional taxes can be detrimental to the economy of the state; (c) Imposing additional taxes is only proper under certain circumstances; (d) For many mun…
W. Va. Code § 8-13-1 General property and benefit taxes
0.8K chars
Every municipality shall have plenary power and authority: (1) To levy and collect taxes on real and personal property for any municipal purpose within the limitations and subject to the classifications prescribed by the Constitution and the general law of this state; and the ass…
W. Va. Code § 8-13A-1 Short title
0.1K chars
This article is known and may be cited as the "Business Improvement District Act."
W. Va. Code § 8-13-10 Domestic animal tax
0.2K chars
Every municipality shall have plenary power and authority to levy and collect an annual license tax upon the privilege of keeping a domestic animal within the corporate limits of the municipality.
W. Va. Code § 8-13A-10 Petition to repeal ordinance
0.7K chars
Within thirty days following passage of an ordinance creating a business improvement district, the owners of any real property situated in the district may file a petition with the governing body of the municipality in opposition to the continuation of the district. Upon a findin…
W. Va. Code § 8-13C-10 Conflict; partial unconstitutionality
0.7K chars
(a) If a court of competent jurisdiction finds that the provisions of this article and the provisions of articles fifteen, fifteen-a and fifteen-b, chapter eleven of this code conflict and cannot be harmonized, then the provisions of said articles shall control. (b) If any sectio…
W. Va. Code § 8-13-11 Preservation of prior taxing powers of cities
0.4K chars
Any city may include by charter provision, and may continue to exercise, all powers of taxation, other than property taxation, which were set forth in the special legislative charter of such city in effect on the date of the ratification of the municipal home rule amendment to th…
W. Va. Code § 8-13C-11 Additional requirements for authority to impose certain taxes
1.0K chars
(a) The authority to impose the pension relief municipal occupational tax, the pension relief municipal sales and service tax and the pension relief municipal use tax, all provided in this article, is not effective until a municipality wishing to impose the taxes presents to the …
W. Va. Code § 8-13A-11 District board; duties
1.3K chars
(a) The governing body of any municipality that intends to establish a business improvement district, in accordance with this article, shall provide by ordinance for the appointment of a district board to oversee the operations of the improvement district. The board shall be made…
W. Va. Code § 8-13-12 Borrowing power
0.3K chars
Every municipality shall have plenary power and authority to borrow money on the general faith and credit of the municipality for any municipal purpose, in the manner and subject to the limitations provided by law for the issuance of general obligation bonds.
W. Va. Code § 8-13C-12 Limited authority to impose tax
0.6K chars
(a) Notwithstanding any other provision of this code to the contrary, no county, board, political subdivision or any other agency or entity other than a municipality may impose an alternative municipal sales and service tax, an alternative municipal use tax, a pension relief muni…
W. Va. Code § 8-13A-12 Levy of service fees; classification of properties; factors to consider
1.4K chars
(a) Upon receipt of a recommended program of services and a proposed budget from the district board, the governing body of the municipality may annually, by ordinance, levy business improvement service fees which may only be applicable to properties located within the improvement…
W. Va. Code § 8-13-13 Special charges for municipal services
8.3K chars
(a) Notwithstanding any charter provisions to the contrary, a municipality which furnishes any essential or special municipal service, including, but not limited to, police and fire protection, parking facilities on the streets or otherwise, parks and recreational facilities, str…
W. Va. Code § 8-13A-13 Special business improvement district fund
0.5K chars
Any municipality that has established a business improvement district shall establish a special business improvement district fund for each district created within such municipality. Revenue derived from any special assessment fees, gifts, grants, appropriations from the municipa…
W. Va. Code § 8-13-14 Penalties
0.2K chars
Every municipality shall have plenary power and authority to provide, by ordinance, penalties for the violation of any ordinance enacted pursuant to the provisions of this article.
W. Va. Code § 8-13A-14 Modification of included area; notice; hearing
1.8K chars
(a) The ordinance creating a business improvement district may be amended to include additional property if a petition is filed with the governing body requesting such inclusion. Such petition must be signed by the owners of the commercial property that is being proposed for incl…
W. Va. Code § 8-13C-14 Authorization for closure of existing retirement plans, creation of defined contribution plans and issuance of bonds for certain qualifying municipalities
11.6K chars
(a) Notwithstanding any other section of this code to the contrary and subject to subsection (b) of this section, any qualifying municipality, as that term is defined in section two of this article, has the following authority: (1) To close its existing pension and relief fund pl…